Back / lumbar spine decisions — 2014

The Board found that the Veteran's low back disorder did not begin during service and is not related to service, thus denying his claim for service connection.

The Veteran's claims for service connection and increased ratings were denied. The claim for a lumbar spine disability was not reopened, while the claims for right shoulder, cervical spine, and bilateral hand disabilities were not granted. Service connection for peripheral neuropathy of the lower extremities was granted with a 20% rating.

The Board has ordered another examination due to the inadequate opinions provided in previous examinations regarding the Veteran's low back and bilateral knee disabilities, as well as his service connection claims.

The Board denied the Veteran's claims for service connection for a right knee disorder, left hip disorder, lumbosacral spine disability, and depression. The evidence received since the last denial was not considered sufficient to reopen any of these claims.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a low back disorder have been granted. The Board found that the Veteran has current diagnoses of these conditions and established continuity of symptomatology since service.

The Board denied the Veteran's claims for service connection for a low back disability and an acquired psychiatric disability, finding that there was no evidence of such disabilities during his active duty or within one year post-discharge. The Board also found that any current psychiatric disability is not related to his military service.

The Veteran's claim of service connection for degenerative changes of the lumbar spine was denied as there is no evidence that his current disability is related to military service.

The Veteran's low back disability, including thoracolumbar strain, arthritis, and degenerative disc disease, did not meet the criteria for higher ratings before May 2, 2011, and from May 2, 2011, to a 40 percent rating.

The Board has determined that the Veteran's claimed disabilities, including right arm/elbow, bilateral hip, and low back conditions, are not related to his military service or service-connected knee disabilities. The evidence does not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's currently diagnosed thoracolumbar spine disorders, including arthritis of the thoracolumbar spine, lumbar strain, and lumbar stenosis, are permanently worsened in severity beyond normal progression by his service-connected left knee disability. As such, the claim for service connection is granted.

The Board has determined that the Veteran's low back disorder was incurred during active military service. The issue of entitlement to an increased rating for a left ankle sprain is addressed in the REMAND portion of this decision.

The Board has granted service connection for a low back disability and tinnitus, finding that the Veteran's current conditions are related to his military service. The claim for bilateral hand disability is remanded.

The Veteran's cervical spine disability was rated at 20 percent prior to September 1, 2010. Effective September 1, 2010, the rating for her cervical spine disability was increased to 30 percent.

The Board has granted service connection for a cervical spine disability due to aggravation during active duty. The Veteran's tinnitus claim is denied as she did not file an informal claim prior to January 9, 2009.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for cervical spine disability. The Veteran's low back disability is also being considered as secondary to his service-connected right shoulder disability.

The Board found that the Veteran's lumbar spine disorder, bilateral foot disorder, and diabetes mellitus are not related to his active duty service. The claims were denied.

The Board has reopened the Veteran's claim for service connection of a low back disorder and granted it, finding that new evidence supports the claim.

The Veteran's appeal is being remanded to obtain additional service treatment records and VA/Tricare treatment records, as well as for further examinations of his bilateral hearing loss, lumbar strain, muscle tension headaches, left knee strain, and right knee strain. The claims will be reviewed again after these actions.

The Board denied service connection for a low back disability and hypertension, finding no new and material evidence to reopen these claims. The RO also denied service connection for left knee disability secondary to right knee disability and rated dysthymic disorder at the highest available level (50%) and enucleation of the right eye at 40%. A TDIU claim was not addressed.

The Board has determined that the Veteran does not have a current diagnosis of a neck disorder and his back disorder was not aggravated by service. Therefore, both claims for service connection are denied.