Back / lumbar spine decisions — 2015

The Veteran's claim for a rating in excess of 20 percent prior to October 16, 2013, and in excess of 40 percent as of October 16, 2013, for degenerative disc disease of the low back with loss of motion was denied.

The Veteran's lumbosacral strain with degenerative disc disease is rated at 10 percent, and his right leg sciatica and left leg sciatica are each rated at 20 percent. The effective dates for the ratings are April 11, 2011.

The Veteran's appeal has been dismissed as he withdrew his pending appeal for service connection of joint pain and back disability.

The Board has remanded the Veteran's claims for increased rating, service connection, and TDIU due to incomplete development of records and inadequate medical opinions. The claims are being returned for further action.

The Board has granted service connection for hypertension with hyperkalemia, headaches, and degenerative disc disease of the lumbar spine. The Veteran's right knee condition and left knee condition are not considered incurred in or aggravated by service. Service connection for head injury is denied.

The Board has determined that the Veteran's persistent depressive disorder is related to her military service and grants service connection for this condition. The other issues are addressed as part of the merits review.

The Veteran withdrew all his appeals regarding the issues of service connection for bilateral hearing loss, gastroesophageal reflux disease (GERD), and a low back disability at the October 2015 Board hearing.

The Board found that the Veteran's lumbar spine disability did not have its onset in service and is not otherwise related to his active military service. The Veteran does not have a disability of either ankle, left knee, or multiple joints (shoulders, arms, hands) that had its clinical onset in service or is otherwise related to active duty.

The Board has found that the Veteran's bilateral hearing loss disability is service-connected. The issues of entitlement to service connection for sleep apnea and lumbar spine disorder, as well as increased rating for left thumb scar are addressed in the REMAND portion of this decision.

The Board has determined that the Veteran's right foot pes planus, low back disorder, and left knee disorder are all service-connected. The right foot pes planus is presumed to have been aggravated by service. The low back and left knee disorders are found to be aggravated by her service-connected left foot disability.

The Veteran's shin splints, right ear hearing loss, left ear hearing loss, muscle strain, and residuals of a right calf muscle injury are not related to his active service. The Board also finds that the Veteran does not have current diagnoses for the other claimed conditions.

The Board has granted service connection for a low back disorder and numbness in the toes, finding that these conditions are likely related to the Veteran's military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to address his service connection claims.

The Veteran's recurrent lumbar muscle strain is currently rated as 10 percent disabling, reflecting the limitation of motion and pain without ankylosis or incapacitating episodes.

The Veteran's appeal for an initial compensable rating for scars of the lumbar spine has been withdrawn by his representative.

The Veteran's lumbar spine disability is rated at 20 percent, the highest schedular rating available for this condition. The Board finds that his symptoms and functional impairment warrant this rating.

The Veteran's claims for service connection for PTSD and TDIU were granted, with the PTSD claim being based on direct service connection due to combat exposure. The TDIU claim was also granted as the Veteran met the schedular criteria for TDIU and his service-connected disabilities likely precluded him from securing or following a substantially gainful occupation.

The Board has determined that additional development is necessary before a decision can be reached on the merits of the Veteran's claims for service connection for low back and left shoulder disorders.

The Board has remanded the case for additional development due to incomplete medical opinions and consideration of new evidence.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner regarding the relationship between the Veteran's current symptoms and his service-connected left flank pain.