Back / lumbar spine decisions — 2012

The Board denied the Veteran's claims for service connection for a chronic low back disability and increased evaluations for DJD of his knees, finding that there was no evidence to support these claims.

The Board found no evidence of a cervical spine, lumbar spine, or right knee disability during service and denied the Veteran's claims for service connection.

The Board denied the Veteran's claim of service connection for a low back disability, finding that his current condition is not causally related to his active duty service. The issue of compensable initial rating for sinusitis from September 8, 1997, and in excess of 10 percent from January 5, 2010, was also denied.

The Board found that the Veteran's lumbar spine disorder was not incurred in or aggravated by his military service and denied his claim for service connection.

The Board found that the Veteran's current back disability was not incurred or aggravated during active service and denied his claim for service connection.

The Veteran's claim for service connection for a low back disorder was remanded and is not addressed in this decision.,Service connection for chronic fatigue syndrome was denied as there is no evidence of current disability or a link to service. The Veteran currently has pes planus, irritable bowel syndrome, varicose veins, and hepatitis A.,The initial rating for the service-connected pes planus prior to April 5, 2007 was denied due to lack of moderate disability. After that date, it is rated as 10 percent disabling.,An initial rating in excess of 30 percent for irritable bowel syndrome beginning on May 9, 2011 was denied as the current disability picture does not meet criteria for a higher rating.,The initial compensable evaluation for varicose veins, right lower extremity, and left lower extremity were both denied due to lack of evidence of persistent edema or other disabling symptoms.,Service connection for hepatitis A was denied as there is no current disability.,Hepatitis A currently has an effective date of the day following the decision.

The Veteran's claim for service connection for fibromyalgia and an initial evaluation for osteoarthritis of the lumbar spine was denied. The Board found that there is no evidence to support a direct relationship between the current disabilities and military service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including verification of his military service and obtaining relevant medical records.

The Veteran's claim for earlier effective dates was denied as his application for benefits was received by VA on January 18, 2007, which is the date he contacted the Disabled American Veterans (DAV) office. The one-year deadline for filing a claim after separation from service has expired.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine and left foot drop with radiculopathy was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that additional development is needed, including obtaining VA medical records and scheduling the Veteran for an audiology examination. The claims will be readjudicated after these actions.

The Board has determined that an effective date prior to February 19, 2008 for the grant of service connection for degenerative arthritis of the lumbar spine is not warranted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting a VA examination to assess the impact of his service-connected disabilities on his ability to work. The TDIU issue will be readjudicated after these actions.

The Veteran's appeal regarding his lumbar disc disease with history of laminectomy was denied, and he is currently receiving a 40% disability rating effective from August 30, 2006. The case has been remanded for further development.

The Board has determined that the Veteran's current left leg and low back disabilities are related to his in-service injury, and service connection is granted for these conditions.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective March 4, 2009. The Board finds that a higher rating is not warranted for any period under consideration.

The Board granted the Veteran's claims for increased ratings for her lumbar spine and left knee disabilities, with a 40 percent rating assigned for the period between January 19, 2006 and March 30, 2006.

The Veteran's service-connected low back disability, which includes residuals of a hemilaminectomy and diskectomy performed in 2001, is currently rated at 10 percent.

The Board denied the Veteran's claims for increased disability evaluation, service connection for a lumbar spine disorder, residuals of a head injury, and left ankle disorder with skin irritation. The issues were not about service connection due to exposure to Agent Orange or other herbicides.

The Veteran's lumbar spine disability is not service-connected, and the Board finds that it was not caused by VA medical treatment. The claim for compensation under 38 U.S.C.A. § 1151 is denied.