Back / lumbar spine decisions — 2014

The Veteran's service-connected disabilities render him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience.,The Veteran is entitled to an initial rating in excess of 40 percent for lumbar spine degenerative joint disease and degenerative disc disease, and an initial rating in excess of 30 percent for migraine headaches.,Service connection has been granted for chronic fatigue syndrome as secondary to service-connected sarcoidosis. The Veteran's skin disorder is also service connected as secondary to service-connected sarcoidosis. Service connection has not been established for a respiratory disorder or sleep disturbance.

The Board has determined that additional development is needed to substantiate the Veteran's claims for service connection for lumbar strain and bilateral knee disabilities, including obtaining relevant medical records and verifying his periods of active duty.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board has denied the Veteran's claims for service connection for various disabilities, including a right shoulder disability, hearing disability, and other conditions. The evidence does not support a finding of nexus between these disabilities and service.

The Board has granted service connection for headaches, finding that the Veteran's current headache condition is related to his military service and his service-connected disabilities of PTSD and tinnitus. The issue of entitlement to service connection for a back disorder is addressed in the REMAND portion of the decision.

The Veteran's appeal of service connection for a left knee disability has been dismissed due to his withdrawal at the August 2011 DRO hearing and in writing.

The Board has denied the Veteran's claims for service connection for various conditions, including a lumbar spine disability and right hip disability. The Board also found that new and material evidence had not been received to reopen his claim of residuals of brain injury (PTSD). Additionally, the Board determined that there was no causal relationship between any of the claimed conditions and service.

The Board has determined that the Veteran's current diagnoses of acquired psychiatric disorder, shoulder disability, neck disability, low back disability, and tinnitus do not meet the criteria for service connection based on direct evidence. The Veteran did not have any relevant symptoms or diagnoses during service, and there is no competent medical opinion linking his current conditions to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient records and scheduling a VA examination to determine the nature of his current neck and back disabilities and their relationship to service.

The Veteran's bilateral hearing loss had its onset in service and is granted as service-connected. The low back disability remains at a 10% rating.

The Veteran's peptic ulcer disease is currently rated at 40 percent, and his low back strain with herniated disc L4-L5 is also rated at 40 percent. The combined rating of 70 percent does not meet the criteria for a TDIU rating due to service-connected disabilities.

The Veteran's appeal is being remanded due to the need for a statement of the case on his right inguinal hernia and left inguinal hernia claims, as well as scheduling a hearing before a Veterans Law Judge.

The Veteran's claim for an annual clothing allowance was denied because the evidence did not show that her service-connected chronic lumbosacral strain required a back brace which tended to wear or tear her clothing. The designee of the Chief Medical Director found no such need.

The Veteran's low back disability was rated at 20 percent prior to August 17, 2009 and increased to 40 percent thereafter. The claim for a separate evaluation for neurological impairment is also granted.

The Board has determined that the Veteran's back disability is related to service and grants service connection for this condition.

The Board has determined that the Veteran's current back disorder is not related to his military service and has denied his claim for service connection.

The Veteran has withdrawn his appeal for increased initial ratings for right shoulder impingement syndrome, degenerative disc disease of the thoracolumbar spine, left shoulder impingement syndrome, left hip trochanteric bursitis, and right hip trochanteric bursitis.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, COPD, emphysema, and a back disability are granted. The claim for an initial rating in excess of 30 percent for PTSD is denied.

The Board has determined that the Veteran's claimed bilateral hip, left leg, and back disabilities are not related to his service or a service-connected disability.

The Veteran's lumbar DJD has been rated at 10 percent since the initial grant of service connection. The current examination findings do not warrant a higher rating as his range of motion is within the criteria for a 10 percent disability.