Back / lumbar spine decisions — 2013

The Veteran's low back disorder is not service-connected and there is no evidence of arthritis or other chronic disease in the initial post-service year. The current degenerative joint and disc disease is not related to the service-connected pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus.,The Veteran does not have a currently diagnosed bilateral knee disorder that is attributable to or related to service or etiologically related to the service-connected pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus. The Veteran also does not have bilateral hearing loss within VA's definition.,The Veteran's refractive error of the eye was not subject to inservice superimposed disease or injury.

The Veteran's claim for an increased rating of his cervical spine disability was granted, with a current rating of 20 percent.

The Veteran's claims for increased rating and service connection were granted. The claim for right leg pain was also granted.

The Veteran's claim for increased ratings for his service-connected low back disability was denied. The RO assigned a 40 percent rating effective March 30, 2011.

The Board has determined that additional development is needed before the claims can be fully adjudicated, including obtaining VA treatment records and possibly reconsidering the TDIU and Dependents Educational Assistance benefits.

The Veteran's lumbar spine disability was initially rated as 10 percent disabling prior to October 11, 2010. Since then, the disability has been rated at 20 percent. The Board found that an increased rating is not warranted for any period of time.

The Veteran's appeal is remanded for further development, including VA examinations to assess the severity of his lumbar spine strain and any associated neurological symptoms. The case will be readjudicated based on this additional evidence.

The Board has determined that a rating of 40 percent is warranted for the Veteran's service-connected chronic lumbosacral strain and degenerative disc disease of the lumbar spine since September 16, 2010. This decision is based on the evidence showing forward flexion limited to 30 degrees or less.

The Board has found that the Veteran's lumbar disc disease is service-connected as it is aggravated by his service-connected low back disability. The depression/adjustment disorder claim was also granted.

The Veteran's claims for increased disability evaluation and service connection are being remanded due to the need for additional development. The claim for TDIU is also being remanded.

The Veteran's lumbar spine disability was not shown to warrant a rating higher than 10 percent from January 1, 2005, to November 25, 2010.

The Board found that the Veteran's back and neck disabilities are not related to his active military service or any incident therein, nor are they due to, the result of, or aggravated by his service-connected right or left knee disabilities.

The Veteran's claims for increased PTSD rating, reopening of lumbar spine disability claim, and TDIU are being remanded due to the need for additional development.

The Veteran's TDIU claim is being remanded for further consideration by the Director of Compensation and Pension Service due to his service-connected low back disorder.

The Board has granted the claim of service connection for hypertension, finding that it is at least as likely as not caused by or aggravated by a service-connected disability (PTSD and DDD with use of nonsteroidal anti-inflammatory medications).

The Veteran's claim for right ear hearing loss was denied as there is no evidence of current right ear hearing loss or a nexus to service.,For the entire increased rating period under appeal, the Veteran's cognitive disability did not meet the criteria for an increased rating in excess of 50 percent.,For the entire increased rating period under appeal, the Veteran's seizure disability did not meet the criteria for an increased rating in excess of 20 percent.,For the increased rating period prior to August 22, 2011, the Veteran's degenerative joint disease of the lumbosacral spine did not meet the criteria for a compensable rating.,For the entire increased rating period under appeal, the Veteran's headaches met the criteria for a 10 percent rating based on symptomatology that is more nearly approximating characteristic prostrating attacks averaging one in two months over the course of several months.,For the initial rating period under appeal, the Veteran's degenerative changes of the right elbow did not meet the criteria for a compensable rating.,For the initial rating period under appeal, the Veteran's degenerative changes of the left elbow did not meet the criteria for a compensable rating.,For the initial rating period prior to April 1, 2011, the Veteran's degenerative arthritis of the left shoulder did not meet the criteria for a compensable rating. From April 1, 2011, the Veteran's degenerative arthritis of the left shoulder met the criteria for a 10 percent rating.

The Board found that the Veteran's low back disorder is not related to service or a service-connected condition and denied his claim for secondary service connection.

The Board found that the Veteran's hip and back disabilities did not begin during or were otherwise caused by his military service, nor were they secondary to his service-connected left toe disability. The evidence does not support a finding of direct service connection.

The Board has found that the Veteran's current back disability is not related to his military service, and therefore denied his claim for service connection.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not service-connected as they did not manifest during his active duty or are not related to any service-connected disability.