Back / lumbar spine Board decisions

The Board denied service connection for bilateral sensorineural hearing loss and low back disorder, but granted service connection for PTSD. The Veteran's claims were remanded multiple times due to procedural issues.

The Veteran withdrew his appeals for the issues of entitlement to an initial evaluation in excess of 10 percent for PTSD and major depression, entitlement to service connection for a low back disorder, and entitlement to an increased rating greater than 50 percent for PTSD on and after October 5, 2007.

The Board found that the reduction of the evaluation for the Veteran's service-connected lumbar myalgias from 40% to 20%, effective February 1, 2007, was proper based on improvement in range of motion.

The Veteran's claim for an initial compensable evaluation for scar, residuals of a right inguinal hernia repair was denied. The Board also found that the preponderance of the evidence is against an initial compensable evaluation for this condition under either the former or amended criteria during the appeal period. For his low back disorder, the Veteran's claim for an effective date earlier than October 6, 2000, and a higher initial evaluation was denied.

The Veteran's appeal is being remanded due to procedural issues, including the failure to schedule a hearing. The claims for PTSD, herniated disc of the lumbar spine, and hypertension are still pending.

The Veteran's claims for service connection for spondylosis of the cervical spine with degenerative disc disease C5-6 and C7, left varicocele, and right shoulder bursitis are all denied as there is no current evidence of a disability or nexus to service.

The Veteran's appeal is being remanded for additional development and consideration of his claims, including a TDIU rating and an extraschedular rating due to service-connected disabilities.

The Veteran's claims for increased ratings for his service-connected degenerative changes of the lumbar spine with back strain, right knee, and left knee disabilities were denied as there was no evidence showing that any condition warranted a rating higher than the current assigned disability ratings.

The Veteran's claims for service connection for a low back disorder and right knee disorder were denied, while his claim for acid reflux was granted. The claim for an initial rating in excess of 10 percent for tinea versicolor is not established.

The Board has determined that the submitted evidence does not relate to the unestablished facts necessary to substantiate the claims of service connection for skin, lumbar spine, right knee and left knee disabilities. The Veteran's current disabilities are not related to his service.

The Veteran's low back disability was previously rated at 40 percent prior to March 1, 2006 and reduced to 20 percent effective March 1, 2006. The Board finds the reduction proper as there was improvement in his condition.

The Board has determined that the Veteran's service-connected lower back disability warrants a rating of 20 percent, effective from the date of his claim. The Veteran is also granted an additional 10 percent rating for sciatica of the right lower extremity.

The Veteran's degenerative arthritis of the lumbar spine is related to his service-connected bilateral knee disabilities. The Board finds that the Veteran's statements are credible and consistent with other medical evidence, supporting a finding that his back pain is caused by his altered gait mechanics resulting from his service-connected bilateral knee disabilities.

The Board has granted service connection for PTSD and found a low back disorder was not incurred in or aggravated by active service.

The Veteran's cervical spine disability has been objectively shown to be manifested by no more than degenerative disc disease, a cervical spine range of motion of forward flexion of 0 to 45 degrees with pain beyond 35 degrees, extension of 0 to 45 degrees, right lateral flexion of 0 to 45 degrees with pain beyond 35 degrees, left lateral flexion of 0 to 45 degrees, right lateral rotation of 0 to 80 degrees with pain beyond 70 degrees, and left lateral flexion of 0 to 80 degrees; normal sensation around the neck and shoulders; normal upper extremity muscle strength, and no radiculopathy. As such, an initial evaluation in excess of 10 percent is not warranted for the Veteran's cervical spine degenerative disc disease at any time during the pendency of this appeal.

The Board has determined that the Appellant does not have a current low back disorder or bilateral hearing loss that can be attributed to service, specifically ACDUTRA or INACDUTRA. The Appellant's current conditions are deemed unrelated to his military service.

The Board found no evidence of a link between the Veteran's current low back disorder and his military service, deciding against granting service connection.

The Board found no evidence of a nexus between the Veteran's current low back disorder and his military service, including an injury in 1970. The claim for service connection was denied.

The Board found that the Veteran's medical expenses incurred on May 21, 2008 were not covered by VA because they did not meet the criteria for emergency treatment.

The Veteran's right arm tendonitis is currently rated at 20 percent from July 7, 2009. His mechanical low back pain remains at a 10 percent rating.