Back / lumbar spine decisions — 2014

The Veteran's low back disability is now rated at 40 percent since August 11, 2011. The compensable rating for his pilonidal cyst scar was denied. The Veteran's depression and migraine headaches are not service-connected.

The Veteran's appeal for increased ratings was denied as her radiculopathy of the upper right extremity has been rated at 10 percent, and her cervical spine disability has not warranted a higher rating.

The Board has reopened the Veteran's previously denied claims for service connection for right and left knee disabilities, right and left wrist disabilities, and a back disability. The Board finds that these conditions are at least in equipoise with his military service.,Service connection is granted for the Veteran's bilateral knee disabilities, bilateral wrist disabilities, and back disability.

The Veteran's appeal for TDIU was granted. The appeals seeking service connection for hypertension, a left knee injury, an anxiety disorder, a fractured jaw, a bilateral shoulder disability, a bilateral hand disability, right great toe DJD, and right foot plantar calcaneal spurs were withdrawn by the Veteran. Appeals seeking increased initial ratings for tinnitus and PTSD and an increased rating for bilateral hearing loss remain pending.

The Veteran's sleep apnea was not incurred in service and is unrelated to service.,For the period prior to April 3, 2012, the Veteran's cervical spine disability did not meet or approximate criteria for a rating higher than 20 percent. For the period from April 3, 2012, the Veteran's cervical spine disability meets criteria for a 30 percent evaluation.,For the period prior to April 3, 2012, the Veteran's right arm radicular symptoms did not meet or approximate criteria for a rating higher than 30 percent. For the period from April 3, 2012, the Veteran's right arm radicular symptoms meet criteria for a 50 percent evaluation.

The Veteran's appeal is being remanded for additional development, including a VA examination and obtaining medical records. The issue of increasing his disability rating for his low back disability remains pending.

The Board has granted service connection for a lumbar spine disability, to include degenerative disc disease and degenerative joint disease, as secondary to the Veteran's service-connected bilateral knee disability. The appeal is allowed.

The Board finds that the Veteran's low back disability, diagnosed as lumbar spine DJD and spondylolisthesis, is related to his active duty service. The decision grants service connection for these conditions.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a low back disability. The Board also finds that service connection is warranted as the Veteran experienced chronic low back pain during service, which has continued since then.

The Board found that the Veteran's current low back disorder is not related to his in-service injury and thus denied service connection.

The Veteran's claims for increased ratings and service connection have been denied. The effective date of the TDIU award is July 28, 1993.

The Veteran's erectile dysfunction is found to be proximately due to his service-connected disabilities. A temporary total rating for convalescence related to his thoracolumbar spine disability has been granted.

The Veteran's claims for higher ratings for his service-connected degenerative disc disease of the lumbar spine and left femur fracture with chondrocalcinosis, a scar, and degenerative arthritis were denied as they did not meet the criteria for increased ratings under VA rating schedules.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative disc disease, is not attributable to service and therefore denied service connection.

The case is being remanded for additional development to verify the Veteran's periods of active duty for training and inactive duty training, obtain Worker's Compensation records, and provide an addendum opinion regarding the nature and etiology of any current residuals of a July 2000 low back injury.

The Veteran's claim for service connection for bilateral pes planus is being remanded due to the need for an addendum opinion regarding whether his pre-existing condition was aggravated by service.,The Veteran's claim for service connection for a back disorder secondary to bilateral pes planus is being remanded as well, with the same reasoning as above.,The Veteran's claim for service connection for an acquired psychiatric disorder (PTSD and depression) remains pending. The need for an addendum opinion regarding the etiology of his major depressive disorder and schizoaffective disorder has been identified.,The Veteran's claim for service connection for hepatitis C is being remanded due to the need for additional VA treatment records from 1977, as well as a search for clinical records from Camp Casey, Korea.

The Veteran's TDIU was granted based on the combined rating of his service-connected disabilities (chronic low back disability, PTSD, diabetes mellitus, and diabetic retinopathy) meeting the schedular criteria as of June 3, 2005.

The Board found that the Veteran's low back disability was not incurred in service and is not otherwise related to his active duty. The claim for service connection has been denied.

The Board denied the Veteran's claims for service connection of bilateral hip and knee condition, GERD with esophageal ulcerations, and left lower extremity radiculopathy. The decision also found no clear and unmistakable error in the initial noncompensable rating assigned for left lower extremity radiculopathy or the continued 10 percent evaluation for chronic lumbar strain.

The Board has remanded the case for additional development due to inconsistencies in a VA examination report and requests for an opinion from a VA physician that aligns with Training Letter 10-07.