Back / lumbar spine decisions — 2014

The Board has remanded the appeal due to insufficient evidence regarding the Veteran's claimed conditions and their relationship to service. The issues of service connection for various disabilities are being reviewed.

The Veteran's medical expenses incurred at Charleston Memorial Hospital from May 12, 2006 to May 17, 2006 are granted for reimbursement as they meet the criteria of a continued medical emergency.

The Veteran's lumbar spine osteoarthritis was rated at 10 percent from February 15, 2006 to March 11, 2012 and increased to 40 percent effective March 12, 2012.

The Veteran's claims for increased ratings for his service-connected low back disability and sciatica of the right lower extremity were denied. The Veteran's chronic lumbar strain with degenerative changes was not manifested by unfavorable ankylosis, intervertebral disc syndrome (IDS), or neurological impairment other than sciatica of the right lower extremity. For the period from September 19, 2003 to April 27, 2010, sciatica of the right lower extremity was manifested by no more than mild incomplete paralysis of the sciatic nerve. For the appeal period beginning April 27, 2010, sciatica of the right lower extremity is manifested by no more than moderate incomplete paralysis of the sciatic nerve.

The Veteran's lumbosacral sprain with referred pain to the hips is currently rated at 40 percent, which meets the criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and Social Security Administration records. The VA will also obtain addendum opinions regarding the Veteran's low back, bilateral leg, bilateral foot disorders, and headaches.

The Veteran's service-connected back condition does not render him unemployable/unable to secure and follow a substantially gainful occupation.

The Board has granted service connection for a thoracolumbar spine disorder and assigned an initial rating of 10 percent for migraine headaches.

The Board has determined that the Veteran's low back disability is not attributable to active service and therefore denied his claim for service connection.

The Veteran's right knee disability was initially rated as 10 percent disabling, and a separate rating of 20 percent for episodes of locking, pain, and effusion into the joint was granted effective April 8, 2014. The Veteran's lumbar spine disability remains at 10 percent.

The Board has remanded the issue of service connection for a lumbar spine disability due to conflicting medical opinions and insufficient evidence regarding the Veteran's claimed injury in service. The Veteran is also granted service connection for hearing loss and tinnitus.

The Board has determined that the Veteran's current low back disorder is related to his active service, and therefore grants service connection for this condition.

The Veteran's claims for increased ratings for his service-connected left knee, right knee, and lumbar spine disabilities were denied. The Board found that the evidence did not meet the criteria for higher disability ratings at any stage since the effective date of service connection.

The Board denied service connection for a back disability and hypertension due to the lack of evidence showing in-service injury or disease, as well as continuity of symptomatology from service.,Service connection was not granted because there is no credible evidence linking the current disabilities to service.

The Veteran's claim for a compensable evaluation for bilateral hearing loss has been denied as his hearing impairment does not meet the criteria for a compensable rating based on VA audiometric testing results.

The Board finds that the Veteran's statements about the continuity of his back pain since service are credible, and that the condition was incurred in service. Therefore, it is at least as likely as not that the Veteran has a back condition that is attributable to service.

The Board has remanded this case for further development, including obtaining the Veteran's active duty service records and requesting an addendum opinion from a VA audiologist.

The Veteran's left hand and wrist carpal tunnel syndrome is found to be service-connected. The initial rating for his degenerative disk disease of the lumbar spine prior to October 29, 2010 was granted at 10 percent. A higher rating beyond this point is not warranted.

The Veteran's appeal is being remanded to obtain a new VA examination for his low back disability and to address the issues of increased ratings for incomplete paralysis of left upper extremity and TDIU. The RO must also issue a statement of the case regarding the claim for an increased rating for the left upper extremity.

The Veteran's tinnitus is service-connected. The claims for arthritis of the joints, residual nerve pain, and low back disorder are denied as there is no evidence linking these conditions to his service or service-connected disabilities. The claim for left leg 'parethesis' is granted based on a medical report.