Back / lumbar spine decisions — 2015

The Board has remanded the case for additional development due to outstanding records from the Social Security Administration and incomplete service personnel records.

The Board has determined that the Veteran does not have a current back disability and denied his claim for service connection. The issue of an initial compensable rating for right knee patellofemoral syndrome is remanded due to lack of examination in over five years.

The Veteran's service-connected disabilities combine to a 70 percent evaluation, with an additional grant of special monthly compensation for the loss of use of a creative organ. The case is REMANDED for further examination and readjudication.

The Board has determined that the Veteran's claimed left leg injury, low back disorder, and peripheral neuropathy are not related to his active duty service. The evidence does not support a finding of in-service injury or exposure to herbicides that could cause these conditions.

The Veteran's claims for increased evaluations for tinnitus and mild T12-L1 disc herniation with degenerative disc disease were denied as the evidence did not support a higher rating.

The Veteran's appeal is being remanded for additional development, including new VA examinations and the provision of his most recent VA outpatient treatment records.

The Board found that the Veteran did not meet the schedular criteria for a TDIU prior to September 21, 2011. The effective date of the TDIU award is set at September 21, 2011.

The Board has determined that the Veteran does not have a service-connected back disability. The claim for higher initial rating for PTSD prior to June 5, 2013 and TDIU is denied.

The Veteran's lumbar spine arthritis with degenerative disc disease is rated at 40 percent, the highest available rating under VA regulations. The radiculopathy of both lower extremities are each rated at 20 percent.

The Veteran's service-connected low back disability and associated radiculopathy have been rated based on their current severity, with the initial rating for degenerative disc disease of the low back being granted at 20 percent from September 1, 2006. Separate ratings for radiculopathy of the left and right lower extremities were also granted.

The Veteran's chronic lumbosacral strain is currently manifested by subjective complaints and objective evidence of limitation of motion, but without any additional functional impairment or significant physical limitations as required for a higher rating.

The Board denied service connection for a low back disorder and found that new and material evidence had not been received to reopen claims of service connection for deviated nasal septum, sleep apnea, and tinnitus. The Veteran's current symptoms are attributed to multiple injuries sustained during service.

The Board has determined that the March 2014 rating decision granting service connection for low back strain and neck strain (claimed as IVDS of the lumbar spine and cervical spine, respectively) represents a full grant of benefits sought on appeal with respect to these claims.

The Board has determined that service connection for a low back disability, including degenerative disc disease of the lumbar spine, is granted as there is evidence of current disability and in-service injury with no indication of an intervening cause.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since August 1, 2008.

The Veteran's claim for an increased rating for his service-connected low back disability was denied. The current rating of 40 percent is maintained.

The Board has determined that the Veteran does not have current right ear hearing loss or sinusitis disabilities for VA compensation purposes. For his low back disability, the Board finds that service connection is not warranted as there is no evidence of a chronic condition in service and the medical opinion indicates it is less likely than not related to service.

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by service and denied service connection for this condition. The bilateral hip disabilities were also denied as there was no evidence of a chronic disability during service.

The Veteran's service-connected cervical and thoracic spine disability has been rated at 30 percent since March 2009, but the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for an increased rating in excess of 30 percent.

The Veteran's appeal is being remanded due to the need for a videoconference hearing on his claims of service connection and tinnitus rating.