Back / lumbar spine decisions — 2016

The Board found that the Veteran's low back disability is not related to service and denied his claim.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and left lower extremity radiculopathy, as well as his claim for SMC based on need for regular aid and attendance or housebound status. The TDIU claim was remanded.

The Veteran's claim for increased ratings for his service-connected arthritis of the lumbar spine is being remanded due to inadequate examination and development needs.

The Board denied the Veteran's claims for service connection for bilateral degenerative joint disease of the knees, hips, and lumbosacral spine as secondary to his service-connected painful heels with degenerative changes.

The Board has granted service connection for lumbosacral strain, migraine headaches, left shoulder strain with glenohumeral joint osteoarthritis, left elbow strain, right elbow strain, left wrist sprain, right wrist sprain, cervical spine strain, left ankle strain, right ankle strain, and left knee strain with arthritis. The Board found that the Veteran's current conditions are at least as likely as not related to his active duty service.,The Board has granted service connection for right knee strain with arthritis. The Board found that the Veteran's current condition is at least as likely as not related to his active duty service.

The Veteran's service-connected lumbar spine disability has resulted in functional impairments necessitating the regular aid and attendance of another person throughout the entire period of the claim, leading to a grant of special monthly compensation on the basis of the need for regular aid and attendance.

The Veteran's claim for increased ratings for his service-connected low back disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to July 1, 2013 and 40 percent as of July 1, 2013.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for a lumbar spine disability and bilateral hearing loss. The weight of the evidence does not establish a nexus between the Veteran's current disabilities and his in-service back sprain or noise exposure, respectively.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to August 24, 2011.

The Veteran seeks service connection for a lumbosacral spine disability, which he claims is related to his service-connected bilateral knee disabilities. The Board has determined that further examination and development are needed before the claim can be decided.

The Veteran's low back disability has been granted service connection, diagnosed as degenerative joint disease or arthritis.,Service connection for an acquired psychiatric disorder (PTSD) to include as secondary to personal assault is also granted.

The Veteran's appeal of the denial for sleep apnea as secondary to PTSD is remanded. The timeliness of his appeals regarding joint and muscular pain, DDD of the lumbar spine, lumbar radiculopathy of both lower extremities, and peripheral neuropathy of both lower extremities is also remanded.

The Veteran's appeal is being remanded for a Board hearing at the Atlanta RO. The issues include service connection for an acquired psychiatric disorder, reopening of a right knee disorder claim, and secondary service connection for a back disorder.

The Veteran's tinnitus was not present in service or manifest to a compensable degree within one year of service discharge and is not otherwise related to service.,The Veteran's current low back disorder, including post lumbar laminectomy syndrome and lumbar radiculitis, was not present in service or manifest to a compensable degree within one year of service discharge, and is not otherwise related to service.

The Veteran's claim for service connection for left wrist sprain and right ankle sprain was received on April 10, 2014. The Board finds that the earliest claim for entitlement to benefits for both a left wrist sprain and a right ankle sprain was received on April 10, 2014.,The Veteran's acquired psychiatric disability (to include depression and anxiety), cervical spine disability, hypertension, right knee disability, left knee disability, right shoulder disability, left shoulder disability, and low back disability are all related to his active service.

The Board has determined that there is no evidence of a diagnosed low back, right knee, or left knee disability during service or within the applicable presumptive period. The Veteran's complaints have not been supported by objective medical findings and his assertions alone are not competent to establish a current disability.

The Veteran's joint pains are attributed to known clinical diagnoses of degenerative conditions and are not related to his active service, including exposure to environmental hazards in the Persian Gulf.

The Board has ordered a new VA examination to determine the nature and etiology of the Veteran's back disorder, including any injury sustained during active service and National Guard service. The claim will be remanded for further development.

The Veteran's back disability is granted as service-connected, and he is assigned a 100% rating for his TBI from October 23, 2008.,He also receives separate ratings for migraine headaches associated with his TBI and SMC based on the need for aid and attendance.

The Board has determined that the Veteran's thoracolumbar spine disorder, diagnosed as herniated discs, is related to his active service and grants service connection for this condition.