Back / lumbar spine decisions — 2014

The Veteran's back disability and sciatic nerve condition of the bilateral lower extremities are both granted service connection, as they are related to his in-service back disability.

The Veteran's tinnitus was granted service connection, and the initial ratings for left shoulder tendonitis and lumbosacral strain are addressed in the REMAND portion of the decision.

The Veteran's DJD of the lumbosacral spine has been rated at 10 percent prior to December 11, 2009 and increased to 20 percent since that date.

The Veteran's service-connected intervertebral disc syndrome and degenerative disc disease of the lumbar spine are currently rated at 40 percent, but do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the severity of his low back disability and bilateral radiculopathy. The claim for TDIU will also be addressed.

The Veteran's degenerative disc disease, L5-S1 does not meet the criteria for a higher evaluation as it does not result in forward flexion of the thoracolumbar spine to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or, incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's claims for service connection for a back disability and bilateral hearing loss are being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The Veteran's service-connected low back disorder and associated radiculopathy have been rated at the maximum available rating of 20 percent. The Board finds no basis to grant a higher rating as there is no evidence of ankylosis or incapacitating episodes that would warrant a higher rating.

The Veteran withdrew his appeals regarding the initial disability ratings for right knee status post ACL reconstruction with chondromalacia and degenerative arthritis, cervical spine degenerative disc disease, and thoracolumbar spine degenerative disc disease.

The Veteran's DDD of the lumbar spine resulted in a combined range of motion of 115 degrees from June 30, 2008 through May 26, 2010. Since May 27, 2010, his disability has not resulted in any decrease in range of motion and only mild neurological impairment.

The Veteran's claim for service connection for allergies with headaches was denied as her symptoms are seasonal and other acute allergic manifestations subsiding on the absence of or removal of the allergen. The Board found that service connection is not warranted.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. A Travel Board hearing will be scheduled at the RO.

The Veteran's claims for PTSD, left knee disability, cardiovascular condition, neck disability, lumbar spine disability, right knee disability, and left foot disability have been reopened. Claims for scars of the face and head and residuals of a right thumb and hand injury were not reopened.

The Board has granted service connection for a back disability and left hip joint disability, both found to be secondary to service-connected conditions. The Veteran's patellafemoral syndrome of the left knee is rated at 10 percent.

The Board has granted service connection for a low back disorder, right foot puncture wound, and traumatic brain injury (TBI). Service connection is denied for a left foot disorder.

The Board has determined that the Veteran's lumbar strain and right shoulder strain are as likely as not attributable to his active service, thus granting service connection for both conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling appropriate examinations to assess the severity of his service-connected disabilities.

The Veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, and a low back disorder are being remanded due to the need for additional evidence. The RO must obtain records of post-service audiometry testing and any relevant private treatment or evaluation records from the chiropractic source that the Veteran testified had been his sole source of treatment since the 1980s.

The Board has granted service connection for Degenerative Disc Disease of the Lumbar Spine and Subdural Hematoma, finding that these conditions are related to active service.