Back / lumbar spine decisions — 2012

The Veteran's DDD of the lumbar spine with left lower extremity radiculopathy has not met the criteria for an evaluation in excess of 40 percent.

The Board has determined that the Veteran's low back disorder, including Degenerative Disc Disease and Degenerative Joint Disease of the lumbar spine, was not incurred in or aggravated by active service. The claim for secondary service connection to PTSD is also denied.

The Veteran was granted service connection for tinnitus and psoriatic arthritis. Service connection was denied for hearing loss in either ear due to noise exposure during service. The issue of service connection for a back disability is being remanded.,Service connection for psoriatic arthritis was established as the condition was related to cold exposure in service.

The Veteran is seeking a higher disability rating for his service-connected chronic low back strain with degenerative joint disease L5/S1. The RO awarded him a 20 percent rating, effective from August 2007. However, the Veteran asserts that he warrants a higher rating and requests an updated VA examination to evaluate his current condition.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service, as there is no evidence of a chronic condition during service and no medical records indicating any injury related to the incident described. The current condition is considered a continuation of work-related injuries.

The Board has decided to remand the Veteran's claims for a back disability and right ankle disability due to incomplete medical records and the need for further examination.

The Board has determined that additional VA treatment records are needed and will be obtained. The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU per 38 C.F.R. § 4.16(a). However, his claim of entitlement to a TDIU is submitted to the Director, Compensation and Pension Service for extraschedular consideration under 38 C.F.R. § 4.16(b) due to marked interference with employment.

The Veteran's claim for an earlier effective date for TDIU was denied as he did not meet the requirements for a TDIU prior to May 24, 2005.

The Veteran's back disability is rated at 20 percent, and his radiculopathy of the right lower extremity was granted a noncompensable rating. The left lower extremity radiculopathy received a compensable (10%) rating as of April 14, 2012.

The Veteran is granted separate compensable ratings of 10 percent for bilateral lower extremity radiculopathy associated with his service-connected lumbosacral strain with degenerative disc disease.

The Board has determined that the Veteran's back and neck disorders are not due to disease or injury incurred in service, nor may arthritis be presumed to have been incurred therein. The preponderance of evidence is against the claims.

The Board finds that the Veteran's tinnitus is likely related to his military service, while bilateral hearing loss and degenerative disc disease of the cervical spine are not shown to be service-connected. The right inguinal hernia was found to have no recurrence and a scar length of 7 cm.

The Board denied an extraschedular evaluation for the Veteran's low back disability and also denied entitlement to a TDIU. The case was remanded multiple times, but ultimately the Director of Compensation Service denied an extraschedular evaluation.

The Board denied the Veteran's claims for service connection for diabetes mellitus, low back disorder, bilateral knee disorder, and bilateral wrist disorder. The evidence did not establish a nexus between these conditions and service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support higher disability ratings or service connection.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including obtaining missing VA treatment records and any relevant Korean treatment records. The case will be readjudicated after these efforts.

The Veteran's current right thigh, back, left shoulder, and left knee disabilities were not incurred in or aggravated by active service. The Board finds that these conditions are not related to the human pyramid incident during service.

The Board has remanded the case for additional development, including scheduling a VA examination to determine if the Veteran's low back disability is related to his service-connected trochanteric bursitis and degenerative joint disease of the left hip.

The Veteran's combined disability rating is 50%, which does not meet the minimum percentage requirements for a TDIU. The VA and SSA determinations indicate that his service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.