Back / lumbar spine decisions — 2015

The Board finds that the Veteran's current low back disorder is at least as likely as not related to his active service, including an in-service injury from heavy lifting. Service connection for this disability is granted.

The Board has granted service connection for a low back disability and associated radiculopathy, finding that the Veteran's right knee condition aggravated his low back disability. The claim for bilateral hip disability as secondary to service-connected knee disabilities is denied due to lack of evidence of a current chronic hip disability.

The Veteran's diabetes mellitus has been rated at 40 percent since June 5, 2014. The rating is based on the requirement of insulin and a restricted diet.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his medical records, including from Mather VA Medical Center. A new VA examination is also required.

The Veteran's claims for increased ratings for his lumbar strain with thoracic spine degeneration and sciatica associated with the condition were denied. The Board found that the evidence did not support a rating in excess of 20 percent for these conditions between March 14, 2011 and August 11, 2014.

The Veteran is not entitled to an increased rate of special monthly compensation based on the need for a higher level of aid and attendance due to his service-connected disabilities.

The Veteran's low back and bilateral eye disorders have been granted service connection, with the right knee disorder being remanded for additional development.

The Veteran's lumbosacral strain with traumatic arthritic changes, disc space narrowing, kyphosis, and lumbar canal stenosis was rated at 20% prior to July 2, 2014. Since then, he has been rated at 40%. The increased rating is effective July 2, 2014.

The Board has granted service connection for bilateral hearing loss, low back disability, and Meniere's disease due to the Veteran's credible assertions of in-service injury and positive medical opinions supporting a link between his current conditions and service.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection for left ankle and back disorders.

The Veteran's claim for service connection for a disability manifested by breathing difficulty, bilateral shoulder disabilities, and an upper back disability has been granted.

The Veteran's service-connected thoracolumbar strain and patellofemoral syndrome of the left knee have been granted increased disability ratings, while his service connection claim for cluster headaches remains pending.

The Board has granted an effective date of March 13, 2014 for the assignment of a 30 percent evaluation for service-connected COPD. The Veteran's left ankle condition, low back injury, and sleep apnea are all found to be related to his military service.

The Board has determined that the Veteran's tinnitus, right ear hearing loss, and tension headache disorder are service-connected. The heart disability, throat disability, and back disability claims have been denied due to lack of evidence of a current disability.

The Veteran's appeal is being remanded for additional examination to determine the current severity of his service-connected cervical spine and lumbar spine disabilities.

The Veteran's claim for an effective date earlier than February 7, 2013 for the award of a 20 percent evaluation for his service-connected low back disability has been denied. The Board found that the current symptomatology is not more severe prior to February 7, 2013.

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, preclude all forms of substantially gainful employment. The Board finds that the criteria for TDIU under 38 C.F.R. § 4.16(b) have been met.

The Veteran's cervical spine degenerative disc disease has been manifested by painful motion, but not to the extent that it warrants a higher rating under VA's rating criteria.

The Veteran's cervical spine disability, diagnosed as cervical degenerative disc disease with left upper extremity radiculopathy, is related to his service and the Board has granted service connection for this condition.

The Board has ordered additional development due to incomplete records and the need for further examination. The Veteran's claims for service connection for kidney disability and low back disability will be remanded.