Back / lumbar spine decisions — 2015

The Board granted service connection for sarcoidosis and assigned a noncompensable rating effective August 5, 2008. The Veteran's multiple joint and muscle arthralgias are rated as part of the sarcoidosis with an initial compensable rating.

The Veteran's claim for an increased rating for his degenerative disc disease of the lumbar spine is being remanded due to inadequate examination and lack of consideration of relevant criteria.

The Veteran's claims for service connection for back disorder, left carpal tunnel syndrome, and right carpal tunnel syndrome are being remanded due to the inadequacy of previous VA examinations.

The Board has determined that the Veteran's low back and right leg/knee disabilities are not service-connected as they did not manifest during his period of honorable service or within a presumptive period. The current conditions are also not shown to be related to his period of honorable service.

The Veteran's musculoskeletal low back pain was not manifested by forward flexion of the thoracolumbar spine limited to 60 degrees or less, a combined limitation of motion of the thoracolumbar spine limited to 120 degrees or less, muscle spasms or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, or symptomatology resulting in incapacitating episodes having a total duration of at least two weeks but less than four weeks during a 12-month period. As a result, the Veteran's claim for an increased rating was denied.

The Board denied service connection for a back disability, hearing loss, and tinnitus as the evidence did not establish a nexus to service. The Veteran's current conditions are attributed to post-service noise exposure and age-related presbycusis.

The Board has reopened the previously denied claims for service connection for low back and neck disabilities, but remanded the underlying claims to the RO for additional development due to outstanding VA treatment records and need for a VA examination.

The Veteran's claim of entitlement to an increased rating for his low back disability is being remanded due to the need for a new VA examination and consideration of additional evidence.

The Veteran's cervical and lumbar spine disabilities are each rated at 10 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran seeks service connection for left shoulder, neck, and low back disabilities. The case is being remanded to obtain additional VA medical records from the period of August 1975 to August 1999 and to provide addendums to the previous examination opinions.

The Veteran's service-connected disabilities, including coronary artery disease, various diagnosed psychiatric disorder, lumbar spine osteoarthritis, right thigh compressive neuropathy, tinnitus, and bilateral hearing loss, preclude him from securing or following a substantially gainful occupation.

The Veteran's migraines are found to be secondary to his service-connected cervical degenerative disc disease, and the claim for service connection is granted.

The Board has ordered the Veteran to be examined for his claimed disabilities and to provide additional evidence. The appeal is being remanded due to the Veteran's failure to report for a scheduled examination.

The Veteran's service-connected lumbar strain was manifested by pain, numbness, tingling, weakness, fatigue, tenderness, and muscle spasms prior to November 24, 2009. For the period beginning November 24, 2009, her symptoms included pain, flare-ups precipitated by physical activity, tenderness, muscle spasms, and a bulging disc; forward flexion was limited to 55 degrees on repetitive use.,The Veteran's service-connected lumbar strain resulted in symptoms that did not meet the criteria for assignment of a rating in excess of 20 percent. At the November 2009 VA examination, her forward flexion was to 60 degrees and slightly limited to 55 degrees following repetitive use; in February 2013, her forward flexion was to 85 degrees and not limited following repetitive use.

The Board has determined that the Veteran's low back strain is related to service, and as such, service connection for this condition is granted. However, further examination is needed to determine if degenerative changes in the lumbosacral spine are also related to service.

The Veteran's appeal for service connection for a low back disorder has been dismissed as he withdrew his appeal.

The Board has determined that the Veteran is entitled to a TDIU effective April 5, 2014, based on his service-connected disabilities. The combined rating of these conditions meets the criteria for a TDIU as of July 31, 2008.

The Veteran's low back disability has likely been manifested by forward flexion of the thoracolumbar spine limited to between 30 and 60 degrees, with mild abnormal kyphosis. The Board finds that a higher rating of 20 percent is warranted from September 1, 2005.

The Veteran's claim for an initial rating in excess of 20 percent for type II diabetes mellitus with bilateral cataracts is denied. The Board finds that the Veteran's type II diabetes mellitus has been treated with insulin and/or oral hypoglycemic agents and a restricted diet, corresponding to a 20 percent rating pursuant to DC 7913. Bilateral cataracts have resulted in at worst 20/40 vision in both eyes, corresponding to a noncompensable rating pursuant to DC 6066.

The Board found no evidence of a diagnosed low back disability, thus denying the claim for service connection for this condition. The Veteran's bilateral ankle disorder was not diagnosed during the appeal period and therefore is not addressed herein.