Back / lumbar spine decisions — 2015

The Board has denied the Veteran's claims for service connection for hypertension, hearing loss, residuals of head trauma, facial scars, neck disability, and low back disability. The PTSD claim was also denied as there is no current disability warranting a rating.

The Veteran's low back disability, hypertension, residuals of urethral stricture and surgical repair, and hemorrhoids have been granted initial ratings of 10 percent each. The effective date is November 1, 2008.

The Veteran was granted a TDIU effective April 26, 2009, due to the combined effects of his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has remanded the case for additional development due to a need for a VA examination of the Veteran's lumbar spine disability. The claim will be reconsidered after this development.

The Board has remanded the case for another VA examination to evaluate the current severity and neurological impairment of the service-connected lumbosacral spine disability due to inconsistent findings.

The Board has determined that new and material evidence was received to reopen the claim of entitlement to service connection for a right knee disability. The Veteran's current right knee disability is etiologically related to his active service, and he also has a currently diagnosed back disability that is causally connected to his active service.

The Veteran's PFB and low back disability are found to be related to service. The depressive disorder is found to be aggravated by the service-connected eye disability.

The Board denied the Veteran's claims for service connection for sleep apnea and a lumbar spine disability, as well as his claim for an increased rating for diabetes mellitus. The Veteran's current 20% rating for diabetes mellitus is upheld.

The Veteran's lumbosacral strain is found to have had its onset during service and continues today, warranting service connection. The claims for the other conditions are dismissed as the Veteran withdrew his appeals.

The Veteran's appeal for service connection for a low back disability has been dismissed due to his death.

The Board has granted service connection for left hip osteoarthritis and total hip replacement residuals, finding that the Veteran's current condition is related to his service-connected right knee chondromalacia patella and a left knee sprain. Service connection was denied for lumbosacral spine degenerative arthritis.

The Board has remanded the case due to inadequate examination and unclear service connection theory, requiring a new VA examination to address the onset of any spine disability during active duty or ACDUTRA/INACDUTRA.

The Veteran's low back disability has been rated at 20 percent since August 26, 2004. The current rating is based on forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Veteran's appeal is being remanded due to the need for a new examination, additional records from Social Security Administration and private medical providers, and consideration of his TDIU claim.

The Board has reopened the Veteran's claims of entitlement to service connection for a low back disorder and bilateral knee disorders. The Board finds that there is sufficient evidence to support these claims, including VA treatment records and private hospital reports, which indicate chronic pain conditions related to military service.

The Veteran withdrew his appeal with respect to the claims for service connection for post-traumatic stress disorder, diabetes mellitus, hypertension, and eye hemorrhages during a July 2015 Board hearing.

The Board has decided to remand the case due to the Veteran's failure to report for VA examinations and requests for rescheduling. The claim will be reconsidered based on all available evidence.

The Veteran's low back disability is being remanded for additional development to determine if it is related to his service, including obtaining treatment records and scheduling a VA examination.

The Veteran's claim for service connection for PTSD was denied because the evidence did not establish an in-service stressor. The claims for psychiatric disability other than PTSD, low back disability, and cervical spine disability are currently pending.

The Veteran's service connection for residuals of a left leg stress fracture is granted. The claims of service connection for diabetes mellitus, hypertension, and low back disability are remanded for additional development.