Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's current low back disorder, including lumbar strain and degenerative disc disease, is related to his in-service injury during active duty. As a result, service connection for this condition is granted.

The Board found clear and unmistakable evidence that the Veteran's lumbosacral spine disability existed prior to his entry into active military service and was not aggravated by such service, thus granting service connection based on a presumption of soundness.

The Veteran's claims for increased ratings and a TDIU were denied. The initial rating for lumbar spine DDD was not granted as the evidence did not meet the criteria for an initial rating in excess of 10 percent from July 1, 2004 to August 23, 2004, November 1, 2004 to September 5, 2011, and from November 1, 2011 to January 16, 2012. The Veteran's claim for a higher rating since January 17, 2012 was also denied. The separate disability rating for erectile dysfunction secondary to lumbar spine DDD was granted effective March 5, 2007. A TDIU was granted effective January 8, 2010.

The Board found that the Veteran's current low back disability was not incurred or aggravated by service, and denied his claim.

The Veteran's low back injury with DJD resulted in marked interference with his employment as a truck driver and mechanic prior to February 20, 2007. From that date forward, the disability rendered him unable to perform these duties due to severe symptoms.

The Board has decided to remand the case for further development, including obtaining updated medical evidence and a VA examination to assess the Veteran's employability due to his service-connected disabilities.

The Veteran's claim for an initial compensable rating for a low back disability was denied. The RO found that the evidence did not show forward flexion limited to 85 degrees or less, combined range of motion limited to 235 degrees or less, muscle spasm, guarding, localized tenderness, vertebral fracture, or neurological symptoms.

The Board found that the Veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by active service, nor are they related to his service-connected pes planus. The VA examiner concluded that the current spinal conditions are age-related.

The Board denied the Veteran's claims of service connection for bilateral leg, knee, ankle, and back disorders, as well as hypertension. The denial is based on a lack of evidence linking these conditions to his military service.

The Veteran's claims for service connection and increased rating for his right ankle disability were granted, with a current rating of 20 percent effective from November 8, 2011.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected disabilities alone were not of such severity as to preclude him from obtaining or maintaining any gainful employment between January 7, 2010 and March 4, 2011.

The Veteran's lumbar spine disability has not resulted in incapacitating episodes requiring bed rest prescribed by a physician prior to March 21, 2012. Therefore, the claim for an initial rating in excess of 10 percent is denied.

The Veteran is seeking service connection for various disabilities including a respiratory disability, sinusitis, degenerative disc disease of the lumbar spine, lumbar radiculopathy, postoperative residuals of a cervical spine injury, left arm and shoulder disability, an acquired psychiatric disability (PTSD), and bilateral pes planus. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for sinusitis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for degenerative disc disease of the lumbar spine on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for lumbar radiculopathy on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for postoperative residuals of a cervical spine injury, status post fusion on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for left arm and shoulder disability on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for an acquired psychiatric disability (PTSD). The claims are being remanded to allow for further development of the claim, including consideration of PTSD under Clemons v. Shinseki, 23 Vet. App. 1 (2009).,The Veteran is seeking service connection for bilateral pes planus based on a presumption of soundness due to the absence of pes planus at entrance into service and exposure to asbestos and tear gas during service.

The Veteran's disability rating for his lumbosacral spine condition was increased to 20 percent effective April 9, 2011. Prior to that date, the disability was rated at 10 percent.

The Veteran's appeal is being remanded due to the failure to reschedule a hearing. The issues of entitlement to service connection for bilateral carpel tunnel syndrome and chronic low back disability remain on hold until further notice.

The Board denied the Veteran's claims for service connection for hypertension, low back disorder, bilateral knee disorder, and left hand disorder. The decision found that there was no evidence of a chronic condition during or within one year after service, and that any current conditions are not related to service.

The Board denied service connection for a low back disability, including arthritis of the lumbar spine. The Veteran's service treatment records did not show any complaints or issues related to his back during service.,Service connection was also denied for hypertension as there is no evidence showing it was incurred in service and no presumption applies due to herbicide exposure.

The Board has denied service connection for visual changes, left ear hearing loss, tinnitus, headaches, fatigue, sinus disorder, gastroenteritis, back disability, left knee disability, right knee disability, left shin splints, right shin splints, left heel spurs, right heel spurs, left flat foot, and right flat foot. The Board found that these conditions were not incurred or aggravated by service.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining VA treatment records and a new examination. The issue of compensation under 38 U.S.C.A. § 1151 for disability of the cervical spine is also inextricably intertwined with the TDIU claim.