Back / lumbar spine decisions — 2014

The Board found that the Veteran's claimed disabilities, including bilateral ankle disorder, low back disorder, leg numbness, and cervical spine disorder, were not related to his active service. The evidence did not establish a nexus between these conditions and his military service.

The Veteran's service-connected lumbar disc disease is currently rated at 10 percent, and the Board finds that an increased rating is not warranted for any period on appeal.

The Board has determined that the Veteran's claimed tinnitus, bilateral hearing loss, type II diabetes mellitus, and lumbar spine disorder were not incurred in or aggravated by service.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disability and granted it. The issue of bilateral hearing loss is pending.

The Veteran's lumbosacral strain disability has not resulted in ankylosis, neurological impairments, or muscle spasms severe enough to affect his gait or spinal contour. His condition does not warrant a higher rating based on the current evidence.

The Veteran's claims for higher ratings for lumbar disc herniation and right leg sciatica associated with the condition were denied. The Veteran was awarded a separate compensable evaluation for his right leg sciatica, but not for the orthopedic symptoms of his lumbar spine disability.

The Board denied the Veteran's claims for service connection for Graves' disease and degenerative bone disease, including degenerative disc disease and degenerative joint disease, due to exposure to ionizing radiation. The evidence did not support a direct link between the conditions and the claimed exposure.

The Veteran's right ankle disability is currently evaluated as 10 percent disabling. The Board has determined that the evidence more closely approximates a 20 percent evaluation, warranting an initial rating of 20 percent for this condition.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and requesting an opinion on the issue of entitlement to extraschedular ratings for a back disability. The Veteran's claims for service connection for the purpose of establishing eligibility to treatment and for PTSD are also pending.

The Board denied service connection for the Veteran's bilateral foot disorder, left knee disorder, upper back condition, and bilateral ankle condition. The claims for low back condition and right foot neuroma were also denied as new and material evidence had not been presented to reopen them.

The Board has determined that the Veteran does not have a low back disability that is related to his active military service.

The Board found that the Veteran's residuals of left brachial plexus injury do not meet the criteria for a higher rating than 20 percent, as his symptoms are compensated by separate ratings for other service-connected conditions.

The Board has determined that the Veteran's acquired psychiatric disorder, diagnosed as schizophrenia, is service-connected. The claims for polysubstance abuse, traumatic brain injury residuals, low back disorder, and bronchitis are pending.

The Board has determined that the Veteran's current back disability is not due to an event or disease in service, and it is not proximately due to or aggravated by his service-connected hepatitis C. The claim for service connection is therefore denied.

The Veteran's service-connected disabilities, particularly his back disability, are of such severity as to preclude his participation in all forms of substantially gainful employment for which he is qualified. Therefore, the Board finds that entitlement to a TDIU on an extraschedular basis is warranted.

The Board has remanded the case for a Travel Board hearing due to the Veteran's request and will handle it in an expeditious manner. The issues include reopening a claim for service connection, entitlement to increased rating, and TDIU.

The Veteran's claim for an increased evaluation for his lumbosacral strain with traumatic arthritis was denied. The Board found that the evidence did not show unfavorable ankylosis of the thoracolumbar spine, which is required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's cause of death was not due to his service-connected disabilities, and the medications he was prescribed did not contribute to his death.

The Board has determined that the Veteran's claimed bilateral knee and lumbar spine disabilities were not incurred or aggravated during service, and therefore denied these claims.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for decreased night vision and right eyelid laceration. The claim for service connection for decreased night vision is reopened, but the claim for service connection for residuals of a right eye laceration remains denied.