Back / lumbar spine decisions — 2012

The Board found that the Veteran's lumbosacral strain did not meet or approximate criteria for an initial evaluation in excess of 10 percent prior to July 3, 1996.

The Board found that the Veteran did not have a diagnosed shoulder, low back, left foot, or right foot disability and thus denied service connection for all four disabilities.

The Board denied service connection for the Veteran's claimed blood disorder, bilateral elbow disorder, bilateral shoulder disorder, bilateral knee disorder, and back disorder. The VA examiner found no direct link between these conditions and his service-connected splenomegaly.

The Board found that the Veteran's back disability did not manifest during service and is not related to any in-service injury or disease, thus denying his claim for service connection.

The Veteran's claims for increased ratings were granted, with the lumbar spine disability receiving a 10% rating and the bilateral hearing loss maintaining its current non-compensable evaluation. The frostbite of the left foot was rated at 20% effective August 1, 2011.

The Veteran's appeal for an increased rating for chronic lumbar strain was withdrawn. The claim for service connection for bilateral hearing loss was denied as the evidence did not show a current disability related to service.

The Veteran's claim for an increased initial rating for a chronic low back muscular strain was denied as the evidence did not meet the criteria for a higher rating.

The Veteran's degenerative disc disease of the lumbar spine is aggravated by his service-connected residuals of fracture of the calcaneus of the left foot. The Board grants service connection for this condition.

The Veteran's claims for service connection for bilateral carpal tunnel syndrome and degenerative disc disease of the cervical spine are being remanded due to inadequate examination in May 2007. A new VA compensation examination is needed to consider all theories of entitlement, including direct, secondary, and presumptive service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his service-connected thoracolumbar strain. The issue of entitlement to TDIU due to his service-connected disability is also raised by the record.

The Veteran's current back disabilities are found to be related to his in-service fall, and service connection is granted.

The Veteran's lumbar spine disability has been rated as non-compensable under Diagnostic Code 5242, reflecting the current functional impairment.

The Board has determined that a remand is necessary to obtain updated medical evidence and for the Veteran to undergo VA examinations to assess his left knee disorder, back disorder, and varicose veins. The appeal will be returned to the Board after these actions are completed.

The Veteran's service connection claim for a back disability, right ear hearing loss, right knee disability, left knee disability, and chronic bronchitis is granted as his current diagnosed lumbosacral spine disc disease was aggravated by in-service combat-related trauma.

The Board has determined that the Veteran's current lower back disorders, including osteoarthritis and degenerative disc disease of the lumbar spine, were incurred during active service. The presumption of soundness applies as there is no evidence showing pre-existing conditions in service.

The Veteran's low back disability, characterized by lumbar myositis and spasms, L5-S1 grade 1 spondylolisthesis with bilateral spondylosis, L5-S1 disk degeneration and disk herniation L4-L5, is currently rated at 20 percent for the period prior to May 18, 2010. The Board finds that this rating adequately reflects the Veteran's disability level.

The case is being remanded for additional development to address the Veteran's claims of service connection for hearing loss, tinnitus, and spondylosis of the thoracolumbar spine.

The Veteran's appeal was denied as his service connection claim for lumbar spinal stenosis, status post laminectomies with radiculopathy and his initial rating claim for bilateral hearing loss were both denied.

The Board has remanded the case due to missing service treatment records and the need for VA examinations to determine if current knee or back disabilities are related to service.

The Veteran's son, M, was born in September 1990 and attained the age of 18 in September 2008. At that time, he had mental and physical defects rendering him permanently incapable of self-support.