Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's low back disorders, including degenerative disc disease and spinal fusion, are not related to his military service.,Regarding the respiratory disorder other than asthma (COPD), the VA examiner concluded it is not due to or caused by or exacerbated by his military service.

The Veteran's low back strain disability was previously rated at 10 percent prior to November 1, 2012 and increased to 20 percent effective from that date. The Board found the evidence did not support a higher rating for any period.

The Veteran's claims for service connection for a right thumb disorder, bilateral hearing loss, tinnitus, and lumbar spine disorder were denied. The claim for chest disorder was also denied as there is no evidence of a current disability related to service.

The Veteran's claim for an increased rating for his degenerative disc disease, herniated disc L5-S1 with chronic low back pain and right side lumbosacral facet joint pain is being remanded due to the need for clarification regarding functional loss during flare-ups.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to determine if his back disorder is related to service or secondary to his service-connected left knee degenerative joint disease.

The Board has remanded the case due to the Veteran's request for a video conference hearing at the RO.

The Board found that the Veteran's low back disorder did not have its clinical onset in service and is unrelated to active duty. The claim for a higher rating for asthma was also denied.

The Board denied service connection for chronic low back pain, coronary artery disease, hypertension, diabetes mellitus type 2, and benign hypertrophy of the prostate. The Veteran's claims were not supported by evidence showing in-service exposure to herbicide agents or other direct service connection.

The Board denied the Veteran's claims for increased ratings and service connection, finding that there was no evidence of a penis deformity or erectile dysfunction. The rating for prostate cancer was reduced from 100% to 20%, effective October 1, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. The case will be readjudicated after the development is completed.

The reduction of the rating for service-connected degenerative discospondylosis from 40 percent to 20 percent, effective November 1, 2010, was proper.

The Veteran's thoracolumbar spine disability is rated at 40 percent, effective December 11, 2009. The rating includes pain and limited range of motion with severe weekly flare-ups.

The Board has denied the Veteran's claims for higher ratings for residuals of prostate cancer and hepatitis B, as well as his attempt to reopen a previously denied claim for service connection for back disability. The evidence submitted since the last final decision was not sufficient to reopen the claim for service connection for back disability.

The Board has denied the Veteran's claims for service connection for various conditions, including blurred vision, night sweats, traumatic brain injury, sleep apnea, psychiatric disability (PTSD, major depression and anxiety), residuals of frostbite of the ears, and low back disorder. The decision is based on a finding that there is no direct evidence linking these conditions to service.

The Board has determined that the Veteran does not have a current back disability and therefore, service connection for a back disability is denied.

The Veteran's cervical spine disability is being remanded for further examination and opinion to determine its etiology, including whether it is related to service-connected left shoulder and bilateral knee disabilities.

The Veteran's service-connected left hip disability is rated at 70 percent, effective from the date of his claim. His right hip and low back disabilities are not currently assigned a specific rating.

The Veteran's service-connected disabilities, including major depressive disorder and multiple musculoskeletal conditions, have rendered her unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded to schedule a Travel Board hearing at the RO due to his request.

The Board has remanded the case due to a hearing officer's departure, and the Veteran is requested to provide testimony before the Board at the RO.