Back / lumbar spine decisions — 2012

The Board found that the Veteran's pre-existing low back disability did not increase in severity during service and thus, he does not have a current low back disability incurred or aggravated by active service. The Board also found no evidence of HTN present in service or for many years after service.

The Board found that the Veteran's claimed disabilities are not related to his military service and denied all claims for service connection.

The Board has determined that the Veteran's current lumbar spine disability is not service-connected due to lack of evidence showing a direct link between his in-service injury and his current condition.

The Veteran's service-connected lumbar diskectomy with L4-5 fusion and right lower extremity radiculopathy are currently rated at the highest available disability ratings, and no further increase is warranted.

The Board has reopened the Veteran's claims for residuals of a low back injury and bilateral ear disability including hearing loss but not tinnitus, finding that new and material evidence has been submitted. The claims are now reviewed on their merits.

The Veteran's appeal is being remanded for a hearing before the Board of Veterans' Appeals.

The Veteran's appeal is remanded for further development, including a VA examination to determine the relationship between his lumbar spine and muscle spasm disorders and service. The initial evaluation for PTSD remains pending.

The Veteran's service connection claims for idiopathic anaphylaxis with possible mastocytosis, low back disability, bilateral hearing loss, and bilateral tinnitus are granted. The claim is based on new evidence that supports the diagnosis of idiopathic anaphylaxis with possible mastocytosis.

The Board has determined that a remand is necessary to obtain an adequate examination and opinion regarding the Veteran's lumbar spine disability, as well as to address the etiology of his current condition.

The Board finds the Veteran's assertion of continuous symptomatology of a bilateral foot disability manifested by fallen arches since service to be credible given the consistency of his contentions for 35 years. The weight of the evidence supports the conclusion that the onset of the Veteran's bilateral foot disability was incurred during active duty service and that service connection must be granted.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's claim for service connection for degenerative joint disease of the lumbar spine.

The Veteran's service-connected lumbar spine disability necessitates the need for regular aid and attendance of another person, resulting in a grant of special monthly compensation based on that need. The erectile dysfunction is found to be related to his service-connected lumbar spine disability, leading to a grant of service connection. The psychological factors associated with the erectile dysfunction are considered sufficient to qualify as loss of use of a creative organ, warranting a grant of special monthly compensation for that condition.

The Board finds that the Veteran's current back, neck, and bilateral knee disabilities were not incurred in or aggravated by active service.,There is no evidence of chronicity or continuity of symptomatology for these conditions since service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The issues of increased rating for lumbar spine disability and TDIU are also on appeal.

The Board found no causal relationship between the Veteran's current back, chest, and right foot disorders and his active duty service.

The Board has remanded the case for additional development, including obtaining treatment records and conducting a VA examination to assess the Veteran's service-connected lumbosacral strain. The issues of entitlement to an increased evaluation and TDIU are also inextricably intertwined with these claims.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss due to new and material evidence. The Veteran currently has a current disability of bilateral hearing loss, which was incurred in service and is related to his active duty service.

The Veteran's appeal is being remanded due to incomplete service treatment records and the need for additional medical examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's spondylosis of the thoracic spine, with associated degenerative disc disease and scoliosis, has been rated at 10 percent since April 2002. The most recent VA examination found no additional limitation in motion due to fatigue, weakness, lack of endurance or incoordination after repetitive use.

The Veteran's service-connected degenerative disc disease of the cervical spine is currently evaluated at a 10 percent rating. The Board found that an evaluation in excess of 10 percent was not warranted based on the evidence of record.