Back / lumbar spine decisions — 2015

PTSD was rated at 50 percent prior to April 10, 2009 and increased to 30 percent thereafter.,Low back disability was rated at 0 percent prior to April 16, 2009 and increased to 10 percent thereafter.

The Veteran's appeal involves multiple conditions and issues, including cervical spine or neck condition, thoracolumbar spine or back condition, bilateral eye disorder, irritable bowel syndrome and GERD, prostate condition with incontinence, recurring skin lesions and sores, migraine headaches, insomnia, anxiety and depression, and temporomandibular joint syndrome (TMJ). The appeal is being remanded for further action.

The Board has determined that the Veteran does not have a low back disability caused by or aggravated by his service, and therefore denied the claim for service connection.

The Veteran withdrew his appeals for the listed issues prior to a decision being made.

The Veteran's appeal is being remanded to obtain a new VA examination for his right ankle and spine conditions, as the current evidence does not adequately address these issues. The Veteran will also need to provide updated treatment records from the Orlando VA Medical Center.

The Board has determined that the Veteran does not have a current right ear hearing loss disability for VA purposes or tinnitus. The claims of service connection for astigmatism and myopia, low back strain, cervical and pelvic non-allopathic lesions, myalgia and myositis, hypertension, and external hemorrhoids are denied as there is no competent medical evidence showing a current disability.

The Veteran's tinnitus is found to be related to his military service. However, the Veteran does not meet the threshold eligibility requirements for nonservice-connected pension benefits due to a lack of active duty during a wartime period.

The Veteran's claims for service connection have been granted for a low back disability, allergic rhinitis, and left shoulder impingement syndrome with osteoarthritis. The remaining issues are either not addressed or remain pending.

The Veteran's appeal is being remanded for additional development to obtain relevant VA treatment records and to provide the Veteran with a new medical opinion regarding her claimed disabilities.

The Board has determined that additional development is needed for the claims of service connection for right knee and back disabilities, as well as the claim for TDIU. The Veteran will need to undergo a VA examination to determine if his current conditions are related to his active duty service.

The Board denied the Veteran's claims of service connection for pilonidal cyst, hypertensive heart disease, headaches, lumbar spine disability, cervical spine disability, fibromyalgia, and liver disability. The reasons given were lack of evidence linking these conditions to service or herbicide exposure.

The Board has granted service connection for a low back strain and assigned initial compensable disability ratings of 10 percent each for right and left upper extremity neuropathy.

The Veteran's low back disability, diagnosed as degenerative changes of the lumbar spine, is attributable to service. The Board finds that this condition was incurred in active duty.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a 20 percent rating for his lumbosacral DDD, but not for the radiculopathy of his lower extremities prior to November 6, 2012.

The Board has determined that the Veteran's low back disability is related to service and grants this claim. However, there is no indication of a current psychiatric disorder or any relationship between an in-service incident and his claimed psychiatric condition.

The Veteran's lumbar myofascial strain, degenerative joint disease, levoscoliosis, and intervertebral disc syndrome status-post laminectomy and neuroforaminotomy are related to service.

The Veteran was granted TDIU as of November 1, 2009, due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's lumbosacral strain with degenerative arthritis and disc disease is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's back brace used to treat his service-connected lumbar spine disability caused wear and tear to his clothing, allowing him to receive a clothing allowance for the year 2014.

The Veteran's claim for service connection for diabetes mellitus, type II, is granted. The claims to reopen the issues of entitlement to service connection for a disability manifested by chronic cough and cold, low back pain, skin rash, and right knee disability are also granted.