Back / lumbar spine decisions — 2013

The case is being remanded to ensure compliance with the Board's previous remands, including scheduling examinations and obtaining clarifying opinions on the Veteran's employability.

The Veteran's claim for a higher rating for his service-connected degenerative arthritis of the lumbar spine was denied as there is no evidence of ankylosis, chronic neurologic disability, or incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of at least 6 weeks during any 12-month period.

The Board denied the Veteran's claims for increased ratings for bilateral hearing loss and service connection for left eye, low back, bilateral foot, and left knee disorders. The Veteran was not granted any new or material evidence to reopen his previously denied service connection claims.

The Veteran's low back disability was initially rated at 10 percent from November 8, 2008 to March 13, 2012 and increased to 20 percent thereafter. The current rating of 20 percent is maintained.

The Board finds that the Veteran's lumbar spine disability is not related to service, and thus denied his claim.

The Board denied the Veteran's claims for service connection of bilateral tendonitis of the wrists and hands, plantar calcaneal spur of the left foot (secondary to lumbar spine disability), increased ratings for bilateral hearing loss, DDD of the lumbar spine, and peripheral neuropathy of the lower extremities. The TDIU claim was also denied as the Veteran did not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding his back disorder and PTSD.

The Veteran's low back pain has resulted in reduced range of motion, but not to the extent that would warrant a higher rating. His osteoarthritis of the first metacarpal joint on the right hand has manifested as an enlarged thumb with subjective complaints of pain and numbness, but without limitation of thumb motion or objective evidence of reduced hand strength.

The Veteran's prostate disorder is not service connected as there is no evidence of a current disability. The Board finds that further examination and opinion are needed to determine the nature and etiology of his kidney stones, bilateral knee, neck, and low back disabilities.

The Veteran is granted service connection for onychomycosis of the right middle fingernail, which was incurred in active service.,Service connection is also granted for chronic lumbar strain with early degenerative joint disease of the lumbar spine and sciatica of the right lower extremity. The Veteran's anxiety disorder claim remains pending.

The Board found that the Veteran's current low back disorder is not related to his service and denied both his claim for service connection and his claim for a total disability rating based on individual unemployability.

The Board has determined that the Veteran's service-connected thoracolumbar spine disorder warrants a rating of 20 percent, effective July 16, 2008. A separate 10 percent rating is granted for radiculopathy into the right leg.

The Board found that the Veteran's lumbar spine disabilities did not begin in service and are not otherwise traceable to his active duty service, thus denying his claim for service connection.

The Veteran's bilateral hearing loss, tinnitus, and peripheral neuropathy of the bilateral lower extremities are service-connected due to secondary service connection via diabetes mellitus type II.,The Veteran's peripheral neuropathy of the bilateral upper extremities is also service-connected due to secondary service connection via diabetes mellitus type II.

The Veteran's low back disability is currently rated at 40 percent, the maximum schedular rating available for a low back disability with flexion limited to 30 degrees. The evidence does not support an increase in this rating.

The Board found that the appellant's low back disorder was not aggravated by VA treatment, and his right hip pain is considered new and material evidence.

The Board has determined that the Veteran does not have current disabilities of bilateral hearing loss, tinnitus, or low back disability and there is no evidence linking these conditions to service. The claims are therefore denied.

The Board has remanded the Veteran's claims for service connection for left hip and low back disorders, to include as secondary to his service-connected chondromalacia of the knees and depression and anxiety. The case is now pending before the RO.

The Board has determined that the evidence is in relative equipoise as to whether a disorder of the spine was incurred during active service, and thus grants service connection for this condition for accrued benefits purposes.

The Veteran seeks service connection for his claimed hip and back disabilities as secondary to his service-connected right knee disability. The Board finds that a supplemental medical opinion is necessary to address the relationship between these conditions.