Back / lumbar spine decisions — 2015

The Board denied the Veteran's claims for higher ratings for radiculopathy of the left lower extremity associated with ddd of the low back, finding that his symptoms did not warrant a rating higher than 10 percent.

The Veteran's PTSD is rated at the highest available rating of 70 percent, effective from May 27, 2009. The claims for service connection for bilateral knee pain and hypertension have been reopened due to new evidence received since the final denial of these claims in November 1979 and December 1999 respectively.

The Board has granted the Veteran's claims of service connection for left hip and lumbar spine conditions, including as secondary to her service-connected right knee disability. However, it denied the claim for an initial compensable rating for right knee surgical scars.

The Board has determined that the Veteran's low back disability is not related to his active service and therefore denied his claim for service connection.

The Board denied the Veteran's claims for increased ratings for his lumbar sprain disability, finding that the evidence did not meet the criteria for a higher rating under either the General Formula or the Intervertebral Disc Syndrome Formula.

The Veteran's PTSD has been rated at 50 percent since July 24, 2014. The rating is based on the severity of symptoms such as anxiety, depression, nightmares, intrusive memories, panic attacks, flashbacks, avoidance behavior, sleep impairment, irritability, anger outbursts, concentration problems, hypervigilance, exaggerated startle response, diminished interest, feelings of detachment, occasional suicidal ideation, and auditory/visual hallucinations.

The Board has remanded the case for further development due to inadequate medical opinions regarding service connection for cervical and lumbar spine disabilities.

The Veteran's hypertension, cervical spine disability, and lumbar spine disability were not found to be related to service or any in-service injury. The claims for these conditions are therefore denied.

The Board has determined that the Veteran's claimed disabilities are not related to his active duty service and have denied all of his claims.

The Board found that the Veteran's arthritis of the lumbosacral spine was not caused by VA treatment and did not result from any fault on the part of VA. The claim for compensation under 38 U.S.C. § 1151 was denied.

The Veteran's lumbar spine disability was evaluated as noncompensable during the period from August 1, 2006 to November 3, 2011 and as 10 percent disabling from November 4, 2011 to December 15, 2013. The Board found that these ratings were not warranted based on the clinical evidence.

The Veteran's current psychiatric disability, diagnosed as anxiety, is reasonably shown to be related to service and to his service-connected pleurisy. Service connection for psychiatric disability has been granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, as well as providing the Veteran with a new examination to evaluate his knee and lumbar spine disorders.

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's low back and shoulder disabilities, as well as a need for a new VA examination to assess the functional effects of his bilateral hearing loss disability on daily life.

The Veteran's thoracic spine disorder is granted as secondary to her service-connected lumbar strain. Her asthma and psychiatric disorders are not addressed in this decision.

The Board has denied the Veteran's claims for service connection for PTSD, depression, a low back disorder, and hypertension due to lack of evidence showing these conditions were incurred in or aggravated by military service. The gastrointestinal disability claim is also denied.

The Board denied the Veteran's appeals regarding his service-connected bilateral pes planus, bronchitis, pseudofolliculitis barbae, back disorder, and right knee/leg disorder. The claims for pseudofolliculitis barbae, back disorder, and right knee/leg disorder were not reopened due to lack of new and material evidence.

The Veteran's appeal is being remanded for further examination and opinion regarding his ability to secure and follow substantially gainful employment due to service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including seeking clarification on SSA benefits and clarifying the in-service stressor related to PTSD. A VA examination will also be scheduled to address his back and hip claims.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. Service connection claims for knee and back conditions are pending.