Back / lumbar spine decisions — 2015

The Veteran's diabetes mellitus type II is currently rated at 20 percent, effective March 11, 2011. The claims for hypertension and anxiety/depressive disorder were denied as new and material evidence was not submitted to reopen these claims. Service connection for bilateral knee disorders, hearing loss, tinnitus, hip disorder, ankle disorders, and lumbar spine disorder are all denied.

The Veteran's right upper arm radiculopathy is found to be secondary to his service-connected cervical spine disorder. For the entire appeal period, he has degenerative joint disease of the lumbar spine with a combined range of motion limited to 235 degrees or less and no associated neurologic impairment. For the period prior to December 23, 2009, his sleep apnea was not manifested by persistent daytime hypersomnolence or use of a breathing assistance device; however, beginning from that date, it is not manifested by chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor did he require a tracheotomy.

The Veteran's increased rating claim for IVDS of the thoracolumbar spine is granted, with a restored disability rating of 10 percent effective August 10, 2009.

The Veteran's service-connected thoracolumbar spine disability is currently rated at 20 percent, and the Board found that a higher rating was not warranted.

The Veteran's claims for service connection for various disabilities are denied as the preponderance of the evidence does not support a finding that any current condition was incurred or aggravated by his military service.

The Board has determined that the Veteran's claims for increased ratings and service connection are denied. The evidence does not support a finding of current disabilities related to his knee disorders, elbow disorders, shoulder disorders, neck/cervical spine disorder, low back/lumbar spine disorder, bilateral foot disorder, hip disorders, or hand disorders. Additionally, there is no indication that the Veteran's hearing loss disability was incurred in service.

The Veteran's lumbar disc disease with herniation at L5-S1 is currently rated as 20 percent disabling, effective September 20, 2010. The Veteran's symptoms include pain and limited range of motion.

The Veteran's appeal is being remanded due to the failure to schedule a Travel Board hearing. The issues of service connection for various conditions are still pending.

The Veteran's appeal was dismissed as he withdrew his application to reopen a claim of entitlement to service connection for hepatitis. The remaining issues were addressed, but the case is remanded for additional examinations and development.

The Board has determined that a VA examination is necessary to determine the nature and etiology of any low back disability, including whether it is related to active service. Additionally, updated VA treatment records are needed.

The Veteran's lumbar strain disability is rated at 10 percent, effective from March 25, 2010. The issues of increased ratings for the right ankle and depression disabilities are also addressed.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active military service and denied his claim.

The Veteran's appeals regarding increased ratings for lumbar spine DDD and DJD, right thigh sarcoma residuals, and genital herpes simplex virus have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has determined that the Veteran's claimed left knee disorder, right ankle disorder, lumbar spine disorder, and sciatica are not service-connected as they do not have a direct relationship to his military service or any service-connected conditions.

The Veteran's low back disability was rated at 20 percent for the period prior to January 4, 2011 and from March 1, 2011. The rating is based on forward flexion of the thoracolumbar spine less than 30 degrees or favorable ankylosis of the entire thoracolumbar spine.

The Board has determined that service connection for a low back disorder is warranted based on continuity of symptoms since service, resolving reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran's claimed recurrent lumbar spine disorder, including trauma residuals, was not manifested during active service or at any time thereafter and therefore denied his claim for service connection.

The Veteran's appeals have been dismissed as he has withdrawn his appeal through written correspondence.

The Board found that the Veteran's left hip, right hip, and low back conditions are not related to his military service.,There is no evidence showing a direct link between the Veteran's current hip and back conditions and his active duty service.

The Board has remanded the case for additional development to obtain updated VA and private treatment records, as well as another VA examination. The Veteran's lumbar spine disability is being evaluated in relation to his service connection claims.