Back / lumbar spine decisions — 2014

The Board found that the Veteran does not have current diagnoses of neck, low back, or bilateral foot disabilities and thus denied his claims for service connection.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing at his local office. The issues of service connection for degenerative disc disease of L5-S1 and left knee strain are currently unclear as they have not been decided.

The Veteran's claims for service connection for left knee, low back, and neck disabilities are being remanded due to inadequate examination in February 2009. The VA examiner did not address private treatment records or provide etiological opinions on the claimed conditions.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent, and the claims for increased ratings are denied.

The Veteran's DDD of the lumbar spine has been rated at 10 percent prior to July 6, 2012 and denied for a higher rating. On or after July 6, 2012, his disability is rated as 20 percent.

The Veteran's service-connected right shoulder disability and back disability have not met the criteria for higher initial evaluations.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim will be referred to the Director of Compensation and Pension for adjudication if he does not meet the percentage requirements for TDIU.

The Board granted service connection for PTSD and depression, finding that the Veteran's symptoms are consistent with a diagnosis of PTSD.,Service connection was denied for varicose veins of the right leg and left leg as there is no evidence linking these disabilities to service.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, sleep disability (including sleep apnea), low back disability, cranial disability (including a neuro cognitive injury due to concussion), and neck disability. The appeal is not about service connection at all.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation since the date of his claim on August 5, 2009.

The Veteran's service connection claims for bilateral knee pains, headaches, irritable bowel syndrome, and related conditions are granted. Service connection is also granted for fibromyalgia.

The Veteran's lumbar spine degenerative disc disease was rated at 20 percent prior to August 9, 2011, based on limited range of motion and pain. The current rating is appropriate as the evidence does not show limitation of flexion to 30 degrees or less.

The Veteran's low back disability is currently rated at 10 percent, and his right elbow disability is also rated at 10 percent. The Board finds that the evidence does not support a higher rating for either condition.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss due to noise exposure in and out of service. The issue of service connection for a back disability is pending.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected right and left knee disabilities. The TDIU claim is remanded pending the assignment of a disability rating and effective date.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding whether the Veteran's lower back disorder is related to service or a service-connected condition.

The Board denied service connection for a low back disability, heart disorder, and pulmonary embolism (secondary to the low back disability). The evidence did not establish that any of these conditions had their onset in service or were otherwise related to service.,There is no current diagnosis of a heart condition. The Veteran's post-service treatment records do not indicate any complaints or findings related to a heart disorder.

The Board found that the Veteran's post-operative low back disability is not caused or aggravated by his service-connected left knee disability.

The Veteran's appeal for increased ratings and earlier effective dates for his service-connected disabilities has been withdrawn. The Board dismissed the appeals as to lumbar spine degenerative disc disease and cervical spine degenerative disc disease.

The Board has determined that the Veteran's tinnitus is due to noise exposure during service and grants service connection for this condition. The low back disorder claim remains pending as it pertains to a secondary service-connected condition.