Back / lumbar spine decisions — 2012

The Veteran's claim for an earlier effective date for service connection of his back disability was denied as the law does not allow for a freestanding claim for an earlier effective date. The earliest effective date that could legally be awarded is May 29, 2002.

The Veteran's low back disability, including as secondary to service-connected PTSD, is being remanded for further action. The claim of entitlement to an evaluation in excess of 20 percent for degenerative joint disease, lumbar spine (previously rated as myositis, dorsal lumbar area) is also being remanded.

The Veteran's claim for restoration of a 40 percent rating for his service-connected degenerative joint disease, lumbosacral spine, with lumbar strain, from July 1, 2011 is being remanded due to the need for a Travel Board hearing.

The Board found no evidence of a low back injury or disease in service, and did not experience chronic symptoms during service. The Veteran's current low back disorder is not presumed to have been incurred due to military service.

The Veteran's bradycardia has been rated based on the workload of 13 METs prior to May 6, 2009 and 8 METs from that date. The right knee condition is currently rated as 10 percent disabling before May 2011 and 40 percent thereafter.,The Veteran's chondromalacia patellofemoral pain syndrome (right knee) has been rated at 10 percent since the initial rating decision in March 2002. The lumbosacral strain with degenerative joint disease is currently rated as 10 percent before May 2011 and 40 percent thereafter.,The Veteran's hypertension was previously managed with medication, and diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more. The hiatal hernia with esophageal reflux is currently rated as 10 percent before May 2011 and 30 percent thereafter.,The Veteran's anal fissure has not been shown to be present, thus no rating can be assigned for this condition.,New evidence submitted includes medical records that suggest the headaches may have a neurological cause rather than being secondary to gastroenteritis. The left knee disability is related to service due to its onset during active duty.,The Veteran's sleep apnea and depression or other psychiatric disorder are both considered secondary to hypertension and pain from service-connected disabilities.

The Board found that the Veteran's back disability is not related to his military service and denied his claim.

The Board has determined that the Veteran's back disability, diagnosed as degenerative disc disease and degenerative joint disease of the lumbar spine, was not incurred in or aggravated by service. The VA examiner opined that there is no evidence to support a connection between the current back disability and military service.

The Veteran's claims for increased ratings for chronic low back strain and stress fracture of the lower left leg were denied as there was no evidence to support higher ratings under the applicable rating criteria.

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge.

The Veteran's service-connected low back disability is manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, and she does not have neurological impairment, doctor-prescribed incapacitating episodes during any 12 month period, ankylosis of the thoracolumbar spine, or inability to secure or follow a substantially gainful occupation due to her service-connected low back disability. Therefore, a 40 percent evaluation is granted.

The Veteran's cervical spine disability, which includes degenerative joint disease and disc issues at C5-6, is currently rated as 20 percent disabling. The evidence does not support a higher rating based on the current range of motion or any additional functional loss.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing VCAA notice specific to his claims.

The Veteran's claim for an increased disability rating for his service-connected lumbar degenerative disc disease was denied as the evidence did not show incapacitating episodes requiring bed rest prescribed by a physician and treated by a physician.

The Veteran's low back disorder is not service connected and his right knee disability does not warrant a rating in excess of 10 percent.

The Board has determined that the Veteran's low back disorder and bilateral hip disorder are not related to his active military service or secondary to his service-connected bilateral chondromalacia patellae. The claims for service connection have been denied.

The Veteran's low back disability and PTSD have been granted service connection, with the PTSD receiving an initial rating of 70 percent.

The Board denied service connection for the Veteran's back disorder, finding that his congenital defects were not incurred or aggravated by military service.

The Veteran's claims for higher ratings for his knee disorders were granted, with the left knee receiving a 10% rating from August 10, 2006 to April 6, 2008 and June 1, 2008 onwards. The right knee received a 10% rating from August 10, 2006 to December 12, 2010 and a separate 10% rating for instability starting from December 13, 2010.

The Board denied the Veteran's claims for service connection for a low back disability and for an increased rating for his bilateral hearing loss. The Veteran did not meet the criteria for service connection as there was no evidence linking his current diagnosed conditions to his military service or any incident therein. For the hearing loss, the Veteran had at most level II hearing in both ears but did not meet the criteria for a compensable disability rating.

The Board found that the Veteran's Meniere's disease was not incurred in or aggravated by active service and denied this claim. The low back disability issue is pending as it does not involve a presumption of exposure, new evidence, or direct service connection.