Back / lumbar spine decisions — 2015

The Board denied a higher initial rating for the Veteran's lumbar plexopathy with right lower extremity weakness prior to January 5, 2002 and denied a higher rating after that date.

The Board denied the Veteran's claim of service connection for a low back disorder, finding that his current condition is not etiologically related to his military service.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for a back disability, an acquired psychiatric disorder, and a groin disability. The claims remain denied.

The Veteran's service-connected lumbar spine muscle strain with degenerative arthritis was rated at 10 percent prior to July 23, 2009 and granted a 20 percent rating from July 23, 2009 to October 14, 2010. The current effective date remains unchanged.

The Board has remanded the Veteran's claims for a lumbar spine disorder and other service connection issues due to procedural errors, including failing to schedule a videoconference hearing.

The Veteran's bilateral hearing loss and lumbar spine degenerative disc disease were not found to warrant higher evaluations.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability. After review, the Board finds that there is at least equipoise evidence indicating that the Veteran's current back disability is related to his in-service symptoms and thus grants service connection for degenerative disc disease and lumbar spondylosis for accrued benefits purposes.

The Board has remanded the claims for further development due to inadequate medical opinions regarding secondary service connection.

The Veteran's degenerative disc disease of the lumbar spine is currently evaluated as 10 percent disabling prior to January 27, 2014. The Board finds that he does not meet the criteria for a higher evaluation.

The Veteran has withdrawn his appeal regarding the issue of entitlement to an initial disability rating in excess of 10 percent prior to January 19, 2013; in excess of 20 percent from January 19, 2013, to November 8, 2014; and in excess of 40 percent thereafter for degenerative disc disease of the lumbar spine.

The Veteran's grade 1 anterolisthesis of L5 on S1 lumbar is currently rated as 10 percent disabling, effective February 6, 2014. The Board finds that a higher rating is not warranted for any portion of the period on appeal.,For his bilateral tinea pedis, the Veteran's disability has been rated as noncompensable under Diagnostic Code 7806. The evidence does not show that the condition covers at least five percent of the entire body or exposed areas affected, and no intermittent systemic therapy is required.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbar disc disease, is related to service and grants service connection for this condition.

The Veteran's claim for an initial rating in excess of 20 percent for bilateral spondylolysis fifth lumbar vertebra/first sacral vertebra with or without spondylolisthesis, status post decompression laminectomy and posterolateral spinal fusion at fifth lumbar vertebra/first sacral vertebra with hardware has been remanded due to the need for a travel board hearing.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, thus granting his claim for TDIU.

The Board has reopened the Veteran's claim for service connection for a lower back condition and has determined that new and material evidence has been received. The Board has also found that the Veteran's current lower back disorder is related to his active military service.

The Board has remanded the Veteran's claims for additional development, including obtaining a VA examination to address his service connection claims and reviewing the claims file. The Veteran seeks service connection for a back disability and varicose veins.

The Veteran's appeal for an increased disability rating in excess of 20 percent for service-connected thoracolumbar spine degenerative disc disease has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's TDIU and SMC at the (s) rate are granted effective from July 23, 2008 to November 15, 2012, and June 23, 2013 respectively.

The Board has reopened the Veteran's claims for service connection for right hand and wrist, right shoulder, left knee, and low back disabilities. The claims are granted in part as new and material evidence was received to reopen them. Service connection is not established for any of these conditions.

The Veteran's tinnitus was caused by his active service, to include noise exposure therein. The Board finds the Veteran's reports of tinnitus during service and continuity of symptomatology since service credible and grants service connection for tinnitus.