Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and other pertinent medical records.

The Veteran's appeal has been withdrawn, and the issues are dismissed.

The Veteran's claim to reopen service connection for a cervical spine disability is granted. The Board finds that the evidence received since the February 1993 rating decision is new and material, thus allowing the reopening of this claim. For his facial lacerations, the Veteran receives a 30 percent disability evaluation under Diagnostic Code 7800. His lumbar spine disability warrants an initial disability rating of 40 percent as of January 10, 2014.

The Veteran's bilateral hearing loss was not caused or aggravated by service exposure to aircraft engine noise, as evidenced by normal audiometric results during service and no significant threshold shifts.,His gastrointestinal disorder (claimed as stomach, reflux, and ulcer disorder), to include GERD and duodenal ulcer, did not manifest within one year after discharge from service. The Veteran's current symptoms are more consistent with post-service occupational exposures rather than a continuity of symptomatology since service.

The Veteran has withdrawn his appeals pertaining to the claims for increased evaluations for PTSD, mild quadriceps patella tendonitis, and recurrent lumbar strain.

The Veteran's service-connected thoracolumbar spine disability is rated at 40 percent, effective from the date of this decision. He also meets criteria for a TDIU.

The Board denied all claims on appeal, finding that new and material evidence was not submitted to reopen any of the service connection claims for PTSD, low back disability, right knee disability, fungal infection of the arms, tinnitus, or prostate cancer. The denial is based on the lack of new and material evidence.

The Board has determined that the submitted evidence does not relate to an unestablished fact necessary to substantiate the Veteran's claims for service connection for a low back disability and tinnitus, thus denying the reopening of these previously denied claims.

The Board has determined that the April 2012 rating decision is deficient and requires additional development, including obtaining medical records, contacting the Veteran for outstanding evidence, and providing a VA examination to address the Veteran's claims.

The Board denied the Veteran's claims for increased ratings for PTSD, right knee displacement, and lumbosacral strain. The Veteran was also not granted a TDIU due to lack of service connection.

The Veteran's appeal has been withdrawn, and the Board is dismissing his case.

The Board has determined that the Veteran's low back disability did not have its clinical onset in service and is not otherwise related to active duty. The Board also found no evidence of arthritis manifesting within one year after separation from service.

The Veteran's current chronic back disorder is not shown to have been present during his military service or for many years thereafter, nor is it related to the Veteran's military service. The Board finds that service connection for a chronic back disorder is not warranted.

The Board has determined that additional development is necessary and the case is being remanded to obtain missing VA treatment records, provide appropriate VA examinations, and readjudicate the claims.

The Veteran's claim for TDIU benefits was granted effective from the date of receipt of his February 22, 2008 claim. The combined rating for his service-connected disabilities has been in place since April 8, 2006.

The Board has remanded the Veteran's claims due to incomplete records and inadequate medical opinions. The case will be returned for further development.

The Veteran's left shoulder disability has been rated at 20 percent since July 25, 2008. His low back strain has also been rated at 20 percent since that date.

The Board found that the Veteran's right arm condition was not incurred in or aggravated by service, as it pre-existed his military service and any aggravation was temporary.,Regarding the cervical spine condition, the Board determined that the disability existed prior to service and was not aggravated beyond its natural progression.

The Veteran's mechanical mid-low back pain has been rated at 20 percent, which is the maximum schedular rating available for this condition. The Board finds that the current disability picture does not warrant a higher evaluation as there are no incapacitating episodes or intervertebral disc syndrome present.

The Board found that the necessity for the Veteran's right above the knee amputation was not caused by VA's carelessness, negligence, or error in judgment. The amputation resulted from an embolism and subsequent thrombosis of his leg.