Back / lumbar spine decisions — 2013

The Board finds that the reduction from a 40 percent disability rating to a 20 percent disability rating for lumbar strain and degenerative disc disease (DDD) of thoracic spine, effective March 1, 2008, was not proper based on the evidence.

The Board has dismissed the appeal of the issue regarding service connection for bilateral hearing loss. The Veteran's adjustment disorder is rated at 50 percent throughout the appeal period.

The Veteran's low back disability, including residuals of a low back injury, began during service and the Board finds that service connection is warranted.

The Board has determined that the Veteran's disc protrusion at L5-S1 is due to symptoms of nightmares attributed to his service-connected anxiety disorder, and thus grants service connection for this condition.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability due to new and material evidence. The TDIU claim is also remanded as it is inextricably intertwined with the service connection issue.

The Veteran's degenerative disc disease of the lumbar spine is not shown to warrant a rating in excess of 20 percent, as it does not meet the criteria for higher ratings based on limitation of motion or incapacitating episodes.

The Veteran's lumbar spine disability and associated radiculopathy are currently rated at 40 percent, effective from April 28, 2009. The Board finds no basis for a higher rating.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further consideration.

The Board has determined that the Veteran's low back disability is related to his service, and thus grants service connection for this condition.

The Board found that the Veteran's bilateral hip disorder and chronic low back pain were not incurred in or aggravated by active service, and are not proximately due to or the result of a service-connected disability.

The Veteran's service-connected degenerative joint disease of the thoracic and lumbosacral spine is not shown to be manifested by unfavorable ankylosis or intervertebral disc syndrome, so his claim for a higher rating is denied.

The Board found that the Veteran's current back, right hip, and left hip disorders were not incurred in or aggravated by active military service. The claims for these conditions were denied.

The Board has determined that the Veteran's cervical spine, lumbar spine, and kidney disabilities were not incurred in or aggravated by service.

The Veteran withdrew his appeal for an increased rating for low back strain.

The Veteran's lumbar spine disability was granted an increased rating to 40 percent effective February 10, 2012. Service connection for degenerative joint disease of the lumbar spine was severed and service connection for a right leg disability was denied.

The Veteran's appeal is being remanded due to the need for additional records and further examination. The initial disability rating for his lumbar spine condition remains at 10 percent.

The Board has reopened the Veteran's claims for right shoulder and lumbar spine disorders, finding new and material evidence. The diabetes mellitus claim is not on appeal.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA and private treatment records, as well as a new VA examination.

The Veteran's claims for increased ratings and service connection were denied. The initial rating of 10 percent for bilateral tinnitus was upheld, as the disability is already at its maximum schedular level under Diagnostic Code 6260. A separate compensable rating for erectile dysfunction was also denied due to lack of penile deformity.

The Veteran's athlete's foot, pseudofolliculitis barbae, tinea versicolor of the back, and dermatophytosis of the groin have been granted service connection. The Veteran is currently rated at 10 percent for each condition.,The Veteran's low back disorder was initially granted in 2007 with a rating of 20 percent prior to November 16th, and has since been increased to 40 percent thereafter.