Back / lumbar spine decisions — 2014

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

The Board has determined that the Veteran's claims for service connection are not properly adjudicated and requires additional development, including obtaining updated medical records, scheduling VA examinations, and reviewing the claims file.

The Veteran's claims for increased ratings and temporary total evaluations have been denied as the claim was received more than one year after the surgeries, which is not within the exception to the rule establishing the effective date of a claim for increased rating.

The Veteran's migraine headaches have been rated at 50 percent since July 26, 2007.,The Veteran is also granted a TDIU based on his service-connected disabilities.

The Veteran's claims are being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the severity of his thoracolumbar spine disability, and issuing a Statement of the Case regarding the earlier effective date claim.

The Veteran's left wrist CTS is likely the result of his active service, and the Board finds that service connection for this condition is warranted. The right hand disability claim remains pending as a new VA examination is needed to address whether it is secondary to his cervical spine disorder or an undiagnosed illness.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions and records.

The Board has reopened the claim for service connection for sleep apnea due to new evidence received since the last final denial in 2006. The Veteran's PTSD is rated as 10 percent disabling from October 12, 2004, and higher ratings are not warranted based on current symptoms. Ratings of 10 percent are assigned for neuropathy of the right and left lower extremities since February 7, 2011, and effective May 14, 2012, respectively. The low back disability is rated as noncompensable from September 15, 2006, but higher ratings are not warranted based on current symptoms.

The Veteran's appeal regarding service connection for sciatica of the lower extremities was withdrawn. The Board denied an increased rating for chronic lumbar sprain, finding that it did not meet the criteria for a higher than 10 percent disability rating.

The Veteran's PTSD is rated at 50 percent, effective from May 14, 2012. His degenerative arthritic changes of L5-S1 with spondylosis of the lumbar spine are also rated at 50 percent as of May 14, 2012. The Veteran's TDIU claim is granted.

The Veteran's service-connected conditions do not meet the criteria for a TDIU as they are rated at less than 60% combined, and his unemployability is attributed to non-service connected disabilities.

The Board has determined that the Veteran does not meet the criteria for a diagnosis of PTSD and therefore, service connection is denied. The Veteran's symptoms are better explained by depression rather than PTSD.

The Veteran's service-connected thoracolumbar spine disability is shown to have been manifested by forward flexion of at least 60 degrees, but the combined range of motion has not exceeded 120 degrees. There was no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or kyphosis.

The Veteran's claims for service connection for a low back disorder and a neck disorder, to include as secondary to the low back disorder, are being remanded due to incomplete records. Additional development is needed including obtaining sick call and morning reports from his unit, service personnel records, private treatment records, and VA treatment records.

The Board has granted service connection for left knee musculoligamentous strain and tinnitus, finding that there is a medical relationship between the Veteran's current conditions and his military service.,Service connection was denied for degenerative disc disease of the cervical spine due to lack of objective findings during VA examination.

The Board has determined that the Veteran's claims for service connection for low back disability, hypertension, and diabetes mellitus have been denied as there is no competent evidence of an in-service injury or disease, and the current disabilities are not shown to be related to his period of active military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and records to address his claims for compensation under 38 U.S.C.A. � 1151 for a right knee disorder, service connection for back and left hip disorders as secondary to the right knee disorder, and other issues.

The Veteran's service-connected thoracolumbar spine disability is manifested by forward flexion limited to 30 degrees or less, without ankylosis. The Board finds that the criteria for a 40 percent rating have been met.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's PTSD increased in severity on January 14, 2000 and met the criteria for a 70 percent evaluation from that date.,The Veteran was unable to secure or follow substantially gainful employment due to his service-connected disabilities since January 14, 2000.