Back / lumbar spine decisions — 2016

The Veteran's lumbosacral strain with arthritis is rated at 20 percent, effective from the date of this decision. The dental disability claim for compensation purposes was denied.

The Veteran's appeal for an increased initial rating of his mechanical lumbar spine disability has been remanded due to the need for additional VA examination and treatment records.

The Veteran's lumbosacral strain and degenerative joint disease have been manifested by a range of motion without pain, with forward flexion to 75 degrees, extension to 20 degrees, right lateral flexion to 20 degrees, left lateral flexion to 25 degrees, and right and left lateral rotation to 30 degrees. There is no evidence of muscle spasm or guarding severe enough to result in abnormal gait or spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. The Veteran's disability picture is adequately described by the current 10 percent rating assigned.

The Board finds that the Veteran is not in need of regular aid and attendance or housebound as a result of his service-connected disabilities, thus denying his claim for special monthly compensation based on the need for aid & attendance/housebound status.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined rating is only 30 percent, which does not meet the minimum schedular requirements. The Board finds that referral for extraschedular consideration is not warranted.

The Veteran's lumbar spine disability is rated at 40 percent, effective from July 8, 2011. The claim for a TDIU prior to February 1, 2015, remains pending.

The Veteran's claim for an increased rating for degenerative arthritis of the lumbosacral spine was denied as his disability did not meet the criteria for a higher rating. The claim for service connection for obstructive sleep apnea was also denied.

The Veteran seeks service connection for depression and degenerative disc disease of the lumbar spine as secondary to his service-connected disability of the feet. The Board has determined that a remand is necessary to obtain updated VA treatment records, conduct further examinations, and provide additional opinions regarding the nature and etiology of these conditions.

The Veteran's claims for service connection for a back disability and light sensitivity have been denied. The Board found no evidence of current disabilities or continuity of symptoms since service separation.

The Board has ordered a remand due to the need for additional information from the Veteran's National Guard service records. The appeal will be reconsidered after these records are obtained.

The Board has determined that the appellant's current back disability is not related to service and therefore denied his claim for service connection.

The Veteran's tinnitus was found to be related to in-service acoustic trauma, and service connection is granted.

The Veteran's combined disability rating is at least 70 percent, and his PTSD is rated at 50 percent disabling. The criteria for entitlement to a TDIU have been met.

The Board found no evidence of a cervical spine condition during service or within one year after separation, and concluded that the Veteran's current cervical spine disability is not related to her military service.

The Board has granted service connection for a lumbar spine disability and an acquired psychiatric disorder (PTSD) related to service. The Veteran's current hearing loss is not currently addressed as it was not fully evaluated in the remand.

The Board has determined that the Veteran's chronic lumbar strain, diagnosed as a current disability, had its onset during service and is related to his in-service back injury. As such, the claim for service connection for a lumbar spine disorder is granted.

The Board found that the evidence does not establish an in-service event, injury, or disease relating her current acquired psychiatric disorder, peptic ulcer disease, peri-rectal ulcerations, degenerative arthritis, low back disability, and bilateral hearing loss to either of her periods of ACDUTRA. As such, service connection for these conditions was denied.

The Board denied the Veteran's claims of service connection for residuals of back injury, a neck disorder, gastrointestinal disability, diabetes mellitus, and glaucoma. The Board found that these conditions were not incurred or aggravated by active military service.

The Veteran's claim for service connection was pending until the March 2012 Board decision granting service connection. The effective date of this grant is set to January 16, 1996.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new VA examination.