Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's low back disability is not related to his active service and therefore denied the claim for service connection.

The Board found that the Veteran's low back and cervical spine disorders were not incurred in or aggravated by his service, as they preexisted his service and did not increase in severity during his service beyond their natural progression.

The Board found that the Veteran's current low back disability did not originate in service or for many years thereafter and is not related to any incident during active service.

The Board has granted service connection for right knee, right elbow, and low back disabilities. The Veteran is assigned a 20 percent rating for the left elbow disability.

The Board has determined that the Veteran does not have current diagnoses of degenerative arthritis of the left ankle or DDD of the cervical spine, and there is no evidence linking these conditions to service. The Board finds the January 2012 medical opinion persuasive in concluding that the Veteran's left ankle gout and cervical spine disability are not related to his military service.

The Board found that the Veteran's current low back disorder and bilateral leg radiculopathy were not incurred or aggravated by service, and denied both claims.

The Board found that the Veteran's low back disability is not related to service and concluded that it was less likely than not incurred in or caused by service.

The appeal has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board finds that the Veteran's low back disability is related to service and grants service connection for disc disease of the lumbosacral spine.

The Board has granted service connection for tinnitus, finding it at least as likely as not that the condition had its onset during active duty. Service connection is denied for back disorder, bilateral hearing loss, and acquired psychiatric disorder.

The Board finds that the Veteran does not have a current lumbar spine disability related to her military service and therefore, denies her claim for service connection.

The Veteran's low back disability, rated at 40 percent, is not exceptional or unusual as to render impractical the application of the regular schedular standards. However, it prevents him from obtaining and maintaining employment that could be considered substantially gainful versus just marginal in comparison.

The Veteran's lumbar spondylolisthesis is rated at 20 percent, and his right knee degenerative arthritis, left knee status post partial meniscectomy with ACL reconstruction, and left knee status post partial meniscectomy are all rated as 10 percent.

The Board found no evidence to support the Veteran's claim that his current lumbar spine disorder is related to service, including his in-service back injury. The examiner opined it was less likely as not caused by or a result of any incident during active duty.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a skin disorder, back disorder, and right elbow disorder. The claims are being remanded to obtain adequate VA examinations and opinions.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease of the lumbar spine with radiculopathy, is reasonably shown to be related to service. The claim for service connection for cervical spine disability is addressed in the REMAND portion of the decision.

The Board found that the January 2008 rating decision granting service connection for degenerative disc disease of the lumbar spine and bilateral leg radiculopathy was not clearly and unmistakably erroneous.

The Board found no evidence of a back or eye disorder in service, and the Veteran's current conditions are not related to his military service. Service connection is therefore denied.

The Veteran's claims for service connection have been reopened, but the Board finds that new and material evidence has not been received to reopen these claims. The issues of entitlement to a temporary total rating based on convalescence beyond December 11, 2009; initial ratings in excess of 20 percent for cervical spondylosis (cervical spine disability); initial ratings in excess of 10 percent for right and left upper extremity radiculopathy due to cervical spine disability; initial ratings in excess of bilateral neural foramina stenosis of the lumbar spine (lumbar spine disability); and effective dates prior to September 10, 2008 have been referred back to the RO.

The Veteran's appeal is being remanded to obtain medical records and arrange for examinations to assess the severity of his service-connected disabilities. The issues on appeal include claims for service connection, increased ratings, and compensation.