Back / lumbar spine decisions — 2014

The Veteran's appeal is granted, with a rating of 60 percent for prostatitis effective February 20, 2013.

The Veteran's claims for increased ratings for radiculopathy of the upper and lower extremities have been denied as there is no evidence of a service-connected condition that would warrant such ratings.

The Board has remanded the case for further development, including obtaining an opinion on the etiology of the Veteran's lumbar spine disorder and scheduling a videoconference hearing. The appeal is now pending again.

The Board has remanded the case for additional development due to failure to obtain all relevant treatment records, including from San Juan VA Medical Center. The Veteran's claim for service connection for a back disability, to include as secondary to a right knee disability, is now pending and will be reconsidered.

The Veteran's service-connected degenerative disc disease at L5-S1 is rated as 20 percent disabling, effective from the date of the decision.

The Board has denied the Veteran's claims for service connection for low back disorder, kidney disorder, prostate disorder, bilateral pes planus, and hepatitis C. The claim for an initial disability rating higher than 50 percent for PTSD prior to February 14, 2002 was also denied. Additionally, the claim for total unemployability secondary to service-connected disability prior to February 15, 2013 is pending.

The Board found that the Veteran's hypertension, bilateral hip disability, and low back disability were not incurred or aggravated by active service.

The Veteran's back disability and headaches were not shown to be related to service, and the Board found no evidence of continuity of symptoms since active duty.

The Board found that the Veteran's lumbar spine disability did not manifest in service and is not related to his active duty service. The claim for hemorrhagic fever was remanded.

The Veteran's appeals for service connection for a bilateral hearing loss disability, tinnitus, lumbar spine disability, and right hip disability have been dismissed as the Veteran has withdrawn his appeal of these issues.

The Veteran's joint pain and fatigue are not service-connected. The Board found no evidence of a current disability related to his in-service symptoms, and the medical evidence does not support a finding that any diagnosed conditions are related to his military service.

The Veteran's cervical spine disability is rated at 30 percent, the maximum available under former Diagnostic Code 5290. The claim for hepatitis B and lumbar strain with degenerative disc disease remains pending.

The Veteran's request for a hearing before the Board has been acknowledged, and he must be scheduled for such a hearing at the earliest opportunity. The case is being remanded to allow this.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling the Veteran with a VA examination to determine the nature and etiology of his lumbar spine disorder and current level of bilateral hearing loss.

The Board has determined that the Veteran's low back disability is not etiologically related to service, and therefore denied his claim for service connection. The remaining claims of increased ratings for a deviated septum and left hand scar, as well as service connection for bilateral carpal tunnel syndrome, are also being remanded.

The Veteran's erectile dysfunction is at least as likely as not related to his service-connected diabetes. The Board grants service connection for erectile dysfunction secondary to diabetes.

The Veteran's service-connected disabilities are found to be severe enough to prevent him from securing or following substantially gainful employment, and the Board grants TDIU.

The Veteran's appeal is being remanded to obtain additional medical examinations and records, as well as for further development of the claims. The primary issues are an increased rating for his back disability, service connection for a bilateral knee condition, and TDIU.

The Board has denied the Veteran's claims of entitlement to service connection for right ear hearing loss and a back disability as there is no evidence of current disabilities meeting VA compensation criteria.

The Board has determined that the Veteran does not have a low back disability that is related to service, and therefore denied his claim for service connection.