Back / lumbar spine decisions — 2014

The Board has reopened the Veteran's claims for service connection for a back disability and an acquired psychiatric disorder, but further development is needed to determine if these claims are well-grounded.

The Board found that the Veteran's low back disability and respiratory disorder were not incurred or aggravated by service, including as due to undiagnosed illness in Southwest Asia. The VA examiner concluded the disabilities are more likely related to cigarette smoking.

The Board has determined that the Veteran does not have sinusitis, and thus service connection for this condition is denied. The other issues of service connection are also denied as there is no evidence of a current disability during service or within one year after separation.

The Board found that the Veteran's lumbar spine disability is not related to her active service or any service-connected conditions, and thus denied her claim for service connection.

The Veteran's claim for a higher disability rating for his service-connected lumbar spine degenerative disc disease was granted, with the effective date being February 22, 2013. The Veteran is now rated at 20 percent for this condition.

The Veteran's appeal was denied for entitlement to increased ratings for bilateral hearing loss, as well as service connection for various joint disorders. The Board found no evidence of exceptional patterns of hearing impairment and concluded that the Veteran did not meet the criteria for a compensable rating under the applicable VA Schedule for Rating Disabilities.

The Veteran's claim for an increased rating and effective date for service connection was denied. The Board found that the schedular criteria for a disability evaluation in excess of 40 percent for chronic lumbar strain with degenerative joint disease have not been met.

The Board found no evidence of a chronic back disability that was incurred or aggravated by service, and concluded the Veteran's current back disability is not related to her military service.

The Board has remanded the case for further development due to a need for clarification on whether the Veteran's current low back disability is related to his service. The case will be reviewed based on the new evidence.

The Veteran's initial claim for a higher rating for his lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to August 15, 2009 and beginning August 15, 2009.

The Board has determined that the Veteran's ankylosing spondylitis did not manifest during service and is not causally or etiologically related to service. As a result, the claim for service connection for ankylosing spondylitis as a back disability is denied.

The Board denied service connection for a back disorder and the separate compensable evaluation for left shoulder traumatic arthritis as secondary to service-connected GSW, left shoulder, with retained foreign body. The TDIU issue was also denied.

The Board has determined that the Veteran's radiculopathy of the bilateral lower extremities is associated with her service-connected low back strain and grants a separate rating for this condition.

The Veteran's service-connected disabilities, including residuals of a left shoulder injury, low back strain with degenerative joint disease, right shoulder injury, left ankle injury, and radiculopathy of the right lower extremity, are currently evaluated at their maximum assigned ratings. The Board finds no basis to grant increased ratings for any of these conditions.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support an initial rating in excess of 10 percent for his low back disability, a compensable rating for his septoplasty residuals, or service connection for sleep apnea.

The Veteran's appeal was granted for some issues and denied or not addressed for others. The skin disorder claim was reopened, tension headaches were service connected, the eye injury residuals issue was withdrawn by the Veteran, TBI residuals are not service connected, right lumbar radiculopathy is service connected, and the neck scar disability has a 50% rating.

The Veteran's claim for increased ratings and service connection were denied. The Veteran is entitled to a rating of 40 percent for his low back disability prior to January 25, 2013, but no higher. Service connection was not granted for any of the claimed conditions.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for service connection for a back disability and bilateral hip disability. This includes obtaining VA treatment records, Social Security Administration (SSA) records, and service personnel records from the United States Army Reserve.

The Board has remanded the case due to incomplete medical records and a need for a VA examination to determine the etiology of the Veteran's back disability. The appeal is currently in remand status.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating of 30 percent is warranted.