Back / lumbar spine decisions — 2015

The Board has determined that there is no direct service connection for hepatitis C, as the evidence does not establish a link between the Veteran's current condition and his military service.

The Veteran's low back strain with degenerative disc disease of the lumbar spine was evaluated at a 10 percent disability rating throughout the appeal period.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine with spinal stenosis, status post lumbar spinal fusion is manifested by arthritis and pain prior to April 29, 2008. After that date, he experiences complaints of pain and a limitation of motion greater than 60 degrees but not greater than 85 degrees. The claim for an increased rating in excess of 10 percent has been denied.

The Veteran's lumbar spine disability and right lower extremity radiculopathy were granted increased ratings of 40 percent each, effective from the date an increase in severity was warranted. The TDIU claim is denied.

The Veteran withdrew his appeal for the issues of entitlement to a disability rating in excess of 10 percent for spondylosis, L-5 vertebra, with degenerative disc disease at L4-5 and L5-S1, prior to September 24, 2009, and entitlement to a disability rating in excess of 20 percent for spondylosis, L-5 vertebra, with degenerative disc disease at L4-5 and L5-S1, after September 24, 2009.

The Veteran's service-connected disabilities, including PTSD, left and right knee disabilities, shoulder disabilities, cervical spine disability, and other conditions, collectively preclude him from securing and maintaining substantially gainful employment. The Board finds that the evidence is at least in equipoise regarding his employability.

The Board found that the Veteran's current low back disability is not related to his military service and denied his claim.

The Veteran withdrew his appeal regarding the claim of service connection for a low back disability.

The Veteran's appeal has been withdrawn, and the Board is dismissing his claims for higher ratings for low back disability and associated bilateral lower extremity radiculopathy.

The Board has determined that the Veteran's current thoracic and lumbar spine disability, with degenerative disc disease, status post L4-5 laminectomy and right facectomy, is not related to his active duty service.

The Board has granted service connection for a low back disorder and increased ratings for right knee degenerative joint disease, left knee osteoarthritis, and instability of the left knee. The Veteran's claim for total disability rating based on individual unemployability is also addressed.

The Veteran's claim for service connection for his back disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's low back disability has been evaluated at a 10 percent rating since the initial grant of service connection. The evidence shows that his range of motion is sufficient to meet this rating, with no additional limitation due to pain or other factors.

The Veteran's claims for service connection were denied as there was no evidence of a cervical hernia, right shoulder rotator cuff tendonitis, or degenerative disc disease of the lumbar spine in service. The Veteran's PTSD and right shoulder rotator cuff tendonitis were granted with effective dates based on information available at the time of his original claims within one year of discharge.

The Board has denied the Veteran's claims for service connection for tinnitus, left knee disability, right knee disability, and back disability. The evidence does not support a finding that these conditions are related to service.

The Veteran's appeal includes claims for increased ratings and a TDIU. The Board has determined that the TDIU claim is inextricably intertwined with his right knee disabilities, which require additional VA examinations to assess their current severity.

The Board has granted service connection for bilateral hearing loss, tinnitus, tricompartmental osteoarthritis of the left knee with a degenerative meniscal tear, and degenerative joint disease and degenerative disc disease of the lumbar spine. The cervical spine disability claim is dismissed due to withdrawal by the Veteran. The right knee disorder claim is remanded for additional development.

The Board has remanded the case due to outstanding VA and private treatment records, as well as a need for another VA examination of the right eye corneal scar.

The Veteran's insomnia is caused by his service-connected PTSD and the Board grants entitlement to service connection for insomnia.

The Veteran's service-connected degenerative disc disease, right and left knee degenerative joint disease, and bilateral plantar fasciitis and pes planus are all rated as of April 15, 2010. Effective June 23, 2007, the Veteran is entitled to separate 10 percent ratings for his knees. Prior to that date, he was granted a 10 percent rating for bilateral plantar fasciitis and pes planus.