Back / lumbar spine decisions — 2013

The Veteran's service-connected conditions render him unable to secure or maintain substantially gainful employment.

The Board has determined that the Veteran's current back disabilities, including degenerative disc disease and arthritis of the thoracic and lumbar spine, are related to his in-service injury during training operations in 1943. As such, service connection for a back disability is granted.

The Veteran has withdrawn his appeals for the issues of service connection for an acquired psychiatric disorder, residuals of exposure to asbestos, and facet arthropathy at the level of the 5th lumbar vertebra and 1st sacral segment. As a result, these claims are dismissed.

The Veteran's appeal is being remanded for additional development to determine the nature and severity of his low back disability, including whether any diagnosed entity other than lumbosacral strain is part and parcel of/due to/ evolved from the service-connected condition.

The Board finds that the Veteran's bilateral hearing loss and tinnitus are as likely as not due to noise exposure during his period of active service. Service connection for these conditions is granted.

The Board has determined that an effective date of May 23, 2006 is the earliest date on which it was factually ascertainable that a separate 20 percent disability rating for right lower extremity radiculopathy was warranted.

The Veteran's service-connected lumbosacral strain does not render him unable to secure and follow a substantially gainful occupation, as his disability is rated at 20% and the evidence shows he has residual capacity for sedentary work.

The Veteran's left knee degenerative joint disease was diagnosed within the first post-service year following his second period of active duty. The Board has granted service connection for this condition.

The Veteran's claim for service connection for a back disorder was denied as there is no current diagnosed disability and the in-service treatment did not result in a chronic condition.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and private medical records related to his back disability and knee disabilities. He also needs a VA examination of his spine and left knee.

The Board found that the Veteran's current thoracolumbar spine disability is likely due to an inservice injury, granting service connection.

The Board has granted an initial rating of 10 percent for lumbar strain with degenerative changes, effective December 19, 2000. The Veteran's claim was reopened and service connection was established based on the evidence received after the February 1967 denial. An earlier effective date is not warranted.

The Board has determined that the Veteran's low back disorder is secondary to his service-connected left knee disability, and thus service connection for this condition is granted.

The Board has remanded the case for additional development, including obtaining SSA records and a VA examination to address the etiology of the Veteran's right knee and back disabilities.

The Veteran's appeal includes a claim for an increased rating for his service-connected low back strain and a request for an earlier effective date. The Board has remanded the case to allow for additional development, including scheduling of a VA examination and consideration of new evidence.

The Veteran's claims for service connection of a low back disability, increased evaluations for right and left knee patellofemoral syndrome, and an increased evaluation for bilateral pes planus were denied. The RO found that the evidence did not support granting these claims.

The Veteran requested to withdraw his appeal, which was dismissed by the Board.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the preponderance of evidence was against a finding that any claimed conditions had their onset in or were related to service.

The Board denied the Veteran's claim of service connection for a back disability, finding that his current condition did not have its clinical onset in service and was not otherwise related to active duty.

The Board has remanded the case to the RO for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim will be reconsidered based on the appropriate rating criteria.