Back / lumbar spine decisions — 2013

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and an increased rating for his depressive disorder. The Veteran's current lumbar spine disorder is not in any way directly related to service or a service-connected disability, while his depression was manifested by occasional decrease in work efficiency.

The Board has granted service connection for a low back disability and is remanding the issue of bilateral knee disabilities due to lack of nexus opinion on secondary service connection.

The Board has remanded the case for additional development, including scheduling a hearing before a Veterans Law Judge.

The Veteran's service-connected disabilities do not render him unemployable, and thus his claim for TDIU is denied.

The Board denied service connection for right ankle injury, cervical spine disability, lumbar spine disability, and left hip disability as the conditions are not shown to be related to military service.

The Board found that the Veteran's back disability is not related to his military service and denied both his claim for service connection and his request for an increased rating for skin rash of the hands and feet.

The Veteran's low back disorder, diagnosed as DJD, was not incurred or aggravated during service and is presumed to have existed prior to service. His congenital anomalies of lumbarization, sacralization, and facet joint sclerosis are considered preexisting conditions that did not increase in severity during service.

The Veteran's service-connected disabilities are shown to be productive of an overall disability picture manifested by the Veteran being precluded from working at substantially gainful employment consistent with his educational and occupational background beginning August 12, 2003.

The Veteran's service-connected low back strain does not render him unable to obtain and maintain substantially gainful employment.

The Veteran's claim for service connection for a back disability was denied, and his initial rating for bilateral hearing loss was granted but assigned a non-compensable evaluation.

The Veteran's appeal for a higher disability rating for his service-connected back condition was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher evaluation.

The Board has granted a 20 percent rating for the Veteran's service-connected lumbosacral strain, but denied any increase in rating for his left knee disability.

The Board finds that the Veteran's claim for service connection for chronic pain syndrome cannot be granted as there is no diagnosed condition underlying her complaints of pain. The preponderance of evidence does not support a finding of a current disability separate from her already service-connected low back disability.

The Veteran's low back disability is currently rated at 40 percent, effective August 14, 2009. The Board found that the evidence supported a higher rating prior to this date.

The Veteran's claim for an earlier effective date for the grant of service connection for a low back disability is granted, with the effective date set at November 3, 1988.

The Veteran's claim for service connection for arthritis of the hip joints is pending. The claim for a skin rash has been reopened but remains denied as new evidence does not relate to an unestablished fact necessary to substantiate the claim.,Service connection for diabetes mellitus, Type II is granted. The low back disability claim was previously denied and reopening was granted due to new evidence received. Service connection is established based on a finding that the current condition is related to active duty.,The Veteran's claim for service connection for sciatica and plantar fasciitis remains pending as new evidence does not relate to an unestablished fact necessary to substantiate the claim. The eye disability claim was previously denied but reopened due to new evidence received, however no service connection is granted as there is no link between current condition and active duty.,The Veteran's acquired psychiatric disability (PTSD, major depression, anxiety disorder) claim remains pending as new evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's degenerative joint disease of the thoracolumbar spine and cervical spine have been rated at 10 percent, with some periods receiving higher ratings.

The Board found that the Veteran's current low back disorder is not related to his military service, including a January 1988 injury. The claim for service connection was denied.

The Board has reopened the claim for service connection for a lumbar spine disability and determined that new evidence supports this reopening. The Veteran does not have any of the claimed conditions, including back, knee, foot, elbow, hearing loss, tinnitus, diabetes mellitus type 2, heart disease, or psychiatric disorders, that were incurred in or aggravated by his service.