Back / lumbar spine decisions — 2012

The Veteran's claims for service connection for GERD and a low back disability are being remanded due to the need for additional medical examinations and opinions.

The Veteran's right ankle disorder, claimed as the residuals of a ruptured right Achilles tendon, was not incurred in or aggravated by service.

The Board found that there was no evidence showing a chronic condition in service or during the applicable presumptive period, and the Veteran's lumbar spine disorder did not have its onset in service. The VA examiner concluded that it is less likely than not (less than 50% probability) that any lumbar spine disorder had its onset in service or was otherwise casually related to a conceded in-service back injury.

The Board has remanded the case for additional development due to incomplete records and need for further medical examinations.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, including bilateral hearing loss and lumbosacral spine disorder. The evidence does not show a current disability in these areas.

The Board has granted service connection for a back disorder and an acquired psychiatric disorder (diagnosed as depression). The other issues on appeal are not addressed due to the resolution of these claims.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from June 25, 2010 to July 30, 2010 and from November 1, 2010. The claim for a higher rating remains denied as there is no evidence of forward flexion of the thoracolumbar spine 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.

The Board denied service connection for lumbar and cervical spine disabilities, finding no evidence of chronic disability related to service. The claim for residuals of a left leg injury was also denied as there is no objective evidence of any residuals.,Service connection was not granted for blurry vision (cataracts) due to lack of medical records linking the condition to service.

The Veteran's lumbosacral strain with degenerative disc disease is currently rated at 20 percent, and the Board found that it does not meet the criteria for a higher rating based on functional loss or incapacitating episodes.

The VA has determined that the Veteran does not have a current left ankle condition, and no other service-connected conditions are linked to his claimed disabilities.,VA examinations found diagnoses of medial epicondylitis (golfer's elbow), osteoarthritis of the acromioclavicular joint, lumbar degenerative disc disease, and lumbar osteoarthritis. The Veteran reported experiencing pain in his shoulders and elbows during service.

The Board has determined that the Veteran's current back and cervical spine disabilities are not related to her military service, including a motor vehicle accident during service.

The Veteran's claims for increased ratings were denied as his lumbar spondylosis did not meet the criteria for a compensable rating, and his right leg disability did not warrant an increase beyond the current 10 percent.

The Board has determined that the Veteran's degenerative joint disease of the bilateral hips and lumbar spine is related to his service, including parachute jumps during active duty.

The Veteran's claims of entitlement to service connection for a low back disability and an initial compensable rating for tinea cruris are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's current pelvic mass and low back disorder are related to service, with continuity of symptomatology since discharge. Service connection is granted for these conditions.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and the criteria for a TDIU have not been met.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by active service, its incurrence or aggravation during such service may not be presumed, and the disability is not proximately due to or aggravated by a service-connected disability.

The Board has determined that there is no current bilateral hearing loss disability and denied the Veteran's claim for service connection. The Veteran's degenerative changes of the lumbar spine have also been denied as his claim was not about service connection at all, but rather a rating increase.

The Veteran's lumbar spine degenerative joint disease status post laminectomy was increased to a 20 percent rating effective March 23, 2010. The issue of an earlier effective date is addressed in the REMAND portion.

The Board has determined that the appellant did not have any service-connected disabilities, and therefore denied all claims for service connection.