Back / lumbar spine decisions — 2012

The Veteran seeks service connection for a chronic low back disability and an increased evaluation for tinnitus. The case is being remanded to obtain additional medical records, clarify the issues on appeal, and provide the Veteran with a VA examination.

The Board has denied the Veteran's claims for service connection for various conditions, finding that there is no new and material evidence to reopen these previously denied claims.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a TDIU.

The Board denied the Veteran's request to restore a 20 percent rating for his back disability, finding that the evidence did not support an improvement in his condition and that the current 10 percent rating was appropriate.

The Board has determined that the Veteran's lumbar spine and bilateral shoulder disabilities are related to his military service, granting service connection for these conditions.

The Board found that the Veteran's service-connected lumbar spine disability did not meet criteria for a higher rating, as it did not show ankylosis of the entire thoracolumbar spine. The ratings for paresthesias of the left and right feet were also denied.

The Veteran's appeals for increased evaluations for lumbosacral disc disease, sinusitis with sinus headaches, left epicondylitis, and a CABG surgical scar of the presternum and upper abdomen were denied. The criteria for higher ratings under VA rating schedules did not meet the requirements.

The Veteran's claim for service connection for tinnitus is granted, as the preponderance of evidence supports a finding that his tinnitus had its onset in service or is otherwise etiologically related to service. The issue of entitlement to service connection for a low back condition is addressed in the REMAND portion of the decision.

The Veteran's PTSD and low back disability have been rated, with a TDIU granted. The effective date for the higher rating of PTSD remains pending.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for cervical spondylosis with degenerative disc disease. As a result, the claim remains denied.

The Veteran is found to have a factual need for aid and attendance due to his multiple disabilities, which require assistance with daily living activities. As such, he is entitled to special monthly pension based on the need for regular aid and attendance.

The Veteran's lumbosacral spine disability was granted a rating of 10 percent prior to April 25, 2003 and 20 percent as of August 20, 2005. The right shoulder contusion was also granted a compensable rating.

The Veteran's claims for service connection for bilateral hip disorders and low back disorders were previously denied, and these decisions are final. The RO also denied increased ratings for his left knee chondromalacia and instability.,The Veteran was granted a 10% disability rating for the right knee instability.

The Veteran's claims for service connection for an acquired psychiatric disorder other than PTSD, a right knee disability, and a lumbar spine disability were partially granted. The claim for increased rating of the right sciatic nerve disability was denied.

The Veteran's service connection claim for PTSD is granted, and he is awarded a TDIU. The right eye chalazion and left carpal tunnel syndrome are not rated compensably or in excess of the current ratings, respectively. The low back disability does not warrant an increased rating.

The Board has remanded the case for additional development, including a VA examination and consideration of whether the Veteran's service-connected disabilities render him unemployable. The claim will be readjudicated after these actions.

The Board has remanded the case for additional development due to a lack of VA treatment records prior to March 1983 and an inadequate VA examination. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy, as well as entitlement to a TDIU due to service-connected lumbar spine disability and radiculopathy, is denied.

The Board has remanded the case for additional development due to inadequate examination and incomplete treatment records.

The Veteran's claims for increased ratings were denied as the evidence did not show that his lumbar strain with moderate residuals warranted a rating in excess of 20 percent prior to January 13, 2011 or in excess of 40 percent from January 13, 2011. The right knee disability was also found not to warrant a separate evaluation for left lower extremity radiculopathy.