Back / lumbar spine decisions — 2013

The Veteran's service-connected degenerative changes of the lumbosacral spine and cervical spine with disc herniation at C5-C6 and C6-C7 have been granted, but only a separate compensable rating for objective neurological abnormalities associated with the lumbosacral spine has been awarded. The cervical spine issue remains unresolved.

The Board found that the Veteran's lumbar spine disability was not incurred or aggravated during service and is unrelated to active duty. The disability, first diagnosed after separation from service, does not meet the criteria for presumptive service connection.

The Veteran's claim for higher ratings for his low back strain prior to April 7, 2009 and since that date was denied. He is currently rated at 40 percent for the condition.

The Board has determined that the Veteran's sleep disorder, including sleep apnea and narcolepsy, did not manifest during service or within one year of discharge. The medical evidence does not support a link between his in-service symptoms and current conditions.,There is no evidence showing that the Veteran's low back disability was present during service or within one year after discharge. The Board finds that secondary service connection for the low back disability due to sleep apnea cannot be established.

The Board found that the appellant's low back disorder is not etiologically related to his service, specifically his INACDUTRA period in November 2002.

The Veteran's appeal includes claims for various disabilities, including bilateral hearing loss and low back disability. The case is being remanded to obtain additional medical records and adjudicate the issues.

The Board has granted a 40 percent rating for service-connected lumbar strain effective from December 5, 2012. The Veteran's right and left lower extremity radiculopathy are rated separately.

The Board has ordered a remand to obtain additional medical opinions and evidence in order to properly adjudicate the Veteran's claim for service connection for his back disability.

The Board has determined that the Veteran's current degenerative disease of the lumbar spine is related to an in-service injury, and thus service connection is granted.

The Veteran's appeal is being remanded for additional development, including a new VA examination and VCAA notice.

The Veteran's low back disability is rated at 40 percent since March 19, 2010. He also has separate ratings for radiculopathy of the left and right lower extremities.

The Veteran's right ear hearing loss meets the criteria for a service-connected disability.,Chronic back pain in service and post-service symptoms support service connection for low back degenerative joint disease.,There is no credible evidence of a traumatic brain injury related to service, nor any current diagnosis. Service connection is denied.,The Veteran's currently diagnosed sleep apnea is not related to service.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and opinions to address his service connection claims.

The Veteran's lumbar spine degenerative disc disease with foraminal disc protrusion is currently rated at 40 percent, effective from August 22, 2008. The evidence does not show that the condition meets or approximates criteria for ankylosis of the thoracolumbar spine.

The Veteran's claim for an increased rating for his lumbar degenerative disc disease was granted, with a 10 percent evaluation. His claims for service connection for bilateral hearing loss and tinnitus are pending.

The Board denied the Veteran's claims of service connection for irritable bowel syndrome, bilateral leg pain, residuals of an injury to Muscle Group III, right knee disability, and left knee disability. The appeals were all denied as new and material evidence was not submitted.

The Veteran's claims for increased ratings of his low back, right knee, and right ankle conditions have been denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has granted service connection for erectile dysfunction and back disability, finding that both conditions are secondary to the Veteran's service-connected hypertension.

The Board has reopened the Veteran's claim of entitlement to service connection for a lumbar spine disability and finds that it is at least as likely as not incurred during or as a result of his active service. The new evidence received since the March 2003 Board decision raises a reasonable possibility of substantiating the claim.

The Veteran's lumbosacral strain is currently rated at 20 percent, and a separate 10 percent evaluation for associated incomplete paralysis of the sciatic nerves of the lower extremities has been granted. The claim for an increased rating for his lumbosacral strain remains unresolved.