Back / lumbar spine decisions — 2012

The Veteran's appeal was denied for all issues related to his service-connected disabilities. The Board found that the evidence did not support higher ratings or earlier effective dates.

The Board has determined that the Veteran's low back disability is related to an in-service truck accident and grants service connection for this condition.

The Board found that the Veteran's nerve damage and lumbosacral strain were not incurred or aggravated by service, and thus denied both claims.

The Board found that the appellant's diagnosed conditions (moderate bilateral pes planus, exostosis of the right foot, osteoarthritis of the right knee, and degenerative disc disease of the lumbar spine) are not related to his active service.

The Veteran's low back disability was granted a higher rating of 60 percent effective March 14, 2012.,His associated radiculopathy of the right lower extremity received a higher rating of 20 percent effective March 14, 2012. The left lower extremity radiculopathy continues to be rated at 10 percent.

The Board found that the Veteran's back disorder is not related to his service and denied his claim for service connection.

The Veteran's claims for service connection for an ankle disorder and a low back disorder were not reopened, and his claim for an evaluation in excess of 70 percent for depressive disorder with dementia was denied.

The Veteran's service-connected chronic lumbosacral strain was granted a 20 percent rating effective December 14, 2011. The prostate cancer and prostatitis were not separately rated as they are considered part of the same disability picture.

The Veteran's appeal is remanded for further development, including obtaining a VA examination to assess the current nature and severity of his cervical and lumbar spine degenerative disc disease, right upper extremity radiculopathy, and chronic dermatitis.

The Veteran's appeal for an increased rating for his service-connected degenerative arthritis of the lumbar spine is being remanded due to a need for additional examination and evaluation.

The Veteran's claims for higher ratings for fibromyalgia, lumbar spine arthritis, and bilateral pes planus have been denied as the current ratings under the applicable diagnostic codes are considered to be the highest possible.

The Board has determined that additional development is needed to properly assess the Veteran's low back disability, including obtaining a more complete examination and records of her ongoing treatment. The case will be remanded for these actions.

The Board found no evidence to support a service connection for the Veteran's lumbar spine disability, as there was no credible evidence of continuity of symptomatology since active service and no medical opinion linking the current condition to service.

The Veteran's lumbar strain with degenerative joint disease was not found to meet the criteria for an increased evaluation from January 11, 2006 to August 4, 2011. From August 5, 2011 onwards, his condition did not warrant a rating higher than 40 percent.

The Board has determined that the Veteran's service-connected PTSD caused his alcohol/drug abuse, which in turn contributed to his fatal pancreatic cancer. Therefore, service connection for cause of death is granted.

The Veteran's claims for increased ratings for chronic low back strain and posttraumatic osteoarthritis of the right thumb are being remanded due to recent VA medical records, clarification of effective dates, and review of relevant VA treatment records.

The Board has determined that the Veteran's hearing loss and tinnitus are related to his military service, while his back and knee disabilities are not. The claim for a back disability is denied as there is no evidence of in-service injury or chronic condition within one year after discharge. The claims for left and right knee disabilities are also denied due to lack of evidence showing an in-service injury.

The Board denied the Veteran's claims of entitlement to service connection for a neck disorder and a low back disorder, finding that there was no evidence showing these conditions manifested in service or within one year thereafter, nor were they related to his military service.

The Board has found that the Veteran's degenerative joint disease of the right shoulder, left shoulder, and lumbar spine are presumed to have been incurred during his period of active service due to their manifestation within one year of separation.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining SSA records and VA hospitalization records, notifying the Veteran of secondary service connection laws and regulations for a psychiatric disorder, and obtaining an addendum opinion on the etiology of the lumbar spine disability.