Back / lumbar spine decisions — 2015

The Veteran's appeal for increased disability ratings for thoracolumbar degenerative joint disease with intervertebral disc syndrome has been withdrawn.

The Board found that the Veteran's substantive appeal for entitlement to service connection for death was not timely filed. The claim for an increased rating for right shoulder disability is granted, with a final evaluation of 20 percent. The claims for additional disabilities due to VA hospital care are denied.

The Board has granted the Veteran's claims for service connection for tinnitus, sleep apnea, an upper back disability, a lower back disability, and a bilateral knee disability.

The Veteran's claims for service connection for ischemic heart disease, diabetes, diffuse idiopathic skeletal hyperostosis (DISH), sleep apnea, rheumatoid arthritis, gout, neck disability, low back disability, bilateral hip and knee disabilities, iritis, allergies, nephrolithiasis, erectile dysfunction, and lip rash are all granted due to presumed exposure to herbicides in service.

Service connection for restless leg syndrome has been established. The Veteran's right and left thigh disabilities are rated at 10 percent each, effective September 5, 2014.,The Veteran's right hand disability is rated at 20 percent.

The Veteran's appeal is being remanded due to incomplete service treatment records and the need for a VA examination in connection with his claim of service connection for a nervous disorder. The case will be readjudicated after these actions.

The Veteran's low back disorder and bilateral lumbar radiculopathy are service-connected as secondary to his right knee disability. However, the left knee disorder is not service-connected.,Service connection has been granted for bilateral lumbar radiculopathy but denied for a left knee disorder.

The Veteran's claim for an effective date earlier than July 31, 2009 for the award of service connection for PTSD, status post right knee ACL and meniscus tears, and right knee instability is granted. The effective date for a 50 percent disability rating for PTSD has been changed to June 20, 2012.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination to determine the nature and likely etiology of any currently diagnosed neck or back disability. The examiner should address whether it is at least as likely as not that these disabilities are related to service or caused by the Veteran's service-connected left knee disability.

The Veteran's service-connected disabilities are not considered to have caused or contributed substantially to his death due to cardiopulmonary arrest. The Board finds that the evidence does not support a finding of clear and unmistakable error in prior decisions regarding his disability ratings, nor is there any basis for reopening claims based on new evidence.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, low back disorder, neck disorder, knee disorders, hip disorders, and hand disorders are all granted.

The Veteran's claim for service connection of left lower extremity radiculopathy was granted with an effective date of January 2006, the day after separation from active duty.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining missing medical records and addressing his TDIU claim.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Veteran's appeal is remanded due to the need for additional development, including obtaining updated VA and private treatment records and arranging for a VA examination of his thoracic spine.

The Veteran does not have a current right hip disability, and the evidence does not establish service connection for any of his other claimed conditions. The Board finds that there is no basis to grant service connection.

The Veteran's low back disability has been manifested by pain and limited range of motion, but does not meet the criteria for a higher initial rating.

The Board found that the Veteran's low back and respiratory disabilities were not incurred or aggravated by service, as there was no evidence of chronic conditions in service or within one year after separation. The VA examiner opined that the current low back disability is less likely than not related to service.

The Board has denied the Veteran's claims for service connection for a low back disability and an acquired psychiatric disorder (bipolar disorder), finding that there is no evidence linking these conditions to his military service.

The Board is remanding the claims for service connection due to inadequate reasons and bases, as well as internal inconsistencies in the March 2013 VA examination. The Veteran's right knee, bilateral hip, and lumbar spine disabilities are being evaluated with respect to their secondary nature.