Back / lumbar spine decisions — 2015

The case is being remanded for further development, including a VA examination and consideration of the Veteran's hearing loss claim on an extraschedular basis.

The Veteran's lumbar spine DDD is rated at 20 percent, effective July 11, 2011. The right knee DJD remains rated at 20 percent combined (based on a formulation of 10 percent for painful motion and 10 percent for instability).

The Veteran's claim for an increased initial rating greater than 10 percent prior to July 24, 2006, and greater than 20 percent thereafter, for degenerative disc disease of the thoracic spine on an extraschedular basis was denied by the Board.

The Board has ordered additional development to obtain VA treatment records and an addendum opinion regarding the Veteran's low back disability.

The Veteran's appeals for service connection for Hanta Virus, IBS, anemia (claimed as blood thinning), left ear disability, skin disability, and leishmaniasis were withdrawn prior to the Board making a decision.

The Veteran's claim for service connection for hearing loss has been reopened and granted.,Service connection is granted for PTSD, as the evidence supports a diagnosis related to combat experiences in Vietnam.

The Veteran's appeal is granted, with service connection for tinnitus established. The other issues remain on appeal.

The Board has granted service connection for a lumbar spine disorder as secondary to the service-connected left knee patellofemoral syndrome. The issue of entitlement to a higher initial rating for the left knee disability is remanded.

The Veteran's claim of service connection for PTSD was denied in May 2007 and is not reopened. The Veteran's lumbosacral spine disability, headaches, and associated radiculopathy are rated at the maximum allowable under VA regulations.

The Board has decided to remand the Veteran's claim for an increased rating for his service-connected low back injury with degenerative joint disease due to outdated VA examination records and the need for a new VA examination.

The Board has determined that the Veteran does not have a cervical spine disability caused or aggravated by his service-connected lumbar spine disability.

The Board has remanded the appellant's claims for TDIU and special monthly compensation due to additional evidence being needed, including VA clinical records and a social and industrial survey. The issues are inextricably intertwined with a pending claim of service connection for depression.

The Board has determined that additional development is needed for all issues, including obtaining VA and private treatment records, scheduling appropriate examinations, and readjudicating the claims.

The Veteran's service-connected disabilities, including ischemic heart disease, diabetes mellitus type II, bilateral hearing loss, low back strain, left knee arthritis, and right knee arthritis, render him unable to secure or follow substantially gainful employment. The Board finds that the evidence is at least in equipoise that he meets this criterion for TDIU.

The Board has granted service connection for a low back disability with bilateral radiculopathy, finding that the Veteran's symptoms had their onset in service. The heart disorder and neck disability claims are remanded as additional medical opinions are needed to determine their relationship to service. Right and left foot disabilities are also remanded.

The Veteran's right knee degenerative joint disease is currently rated at 10 percent, effective July 27, 2011. Service connection has been granted for left knee/left leg disability and lumbar spine disability.

The Board has remanded this matter due to additional development being necessary, including an examination of the Veteran's service-connected disabilities and their impact on his ability to work. The claim is now pending for further review.

The Veteran's back disability, diagnosed as muscle strain with degenerative disc disease at L5-S1, has been evaluated as 10 percent disabling under Diagnostic Codes 5237-5242. The criteria for a higher rating are not met.

The Board has remanded the case to the AOJ for scheduling a videoconference hearing due to the Veteran's request. The appeal is not resolved on its merits.

The Board has determined that the Veteran's current diagnoses of DJD, DDD, and stenosis are related to his in-service injury while unloading a supply truck. As such, service connection for these conditions is granted.