Back / lumbar spine decisions — 2016

The Board found no medical evidence linking the Veteran's current low back disability to his service, and denied his claim for service connection.

The Veteran's service-connected chronic lumbar strain is rated at 40 percent since February 25, 2015. The rating reflects the current level of disability based on limitation of motion and does not involve any presumption or new evidence.

The Board has remanded the case due to outstanding treatment records and the need for a VA examination. The Veteran's claim of entitlement to an increased disability rating for his back disability is pending.

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

The Veteran's service-connected disabilities, including lumbar degenerative joint disease and left leg radiculopathy, rendered him unable to obtain and maintain substantially gainful employment from May 3, 2004 (one year prior to the date of receipt of his claim) to October 4, 2012.

The Board has determined that the Veteran's claims for service connection for a back disability and foot drop are denied as there is no evidence of a link between these conditions and his military service.

The Board has determined that the Veteran does not have a diagnosed neurological back condition, and therefore cannot establish service connection for this disability.

The Board has remanded the case for additional development and consideration, including obtaining VA treatment records from Washington DC VAMC and Fort Belvoir.

The case is being remanded for further development, including obtaining medical records and scheduling examinations to assess the Veteran's back disorder and lower extremity nerve involvement. The issues of service connection for a right ankle disorder, initial evaluations for bilateral hearing loss and tinnitus, increased evaluations for erectile dysfunction and right shoulder bursitis, and TDIU are also being remanded.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The issue of service connection for degenerative disc disease with radiculopathy of the left lower extremity remains pending.

The Veteran withdrew his appeals seeking service connection for PTSD and initial increased ratings for an arachnoid cyst on the thoracic spine, pes planus, and a low back disability.

The Board has determined that the Veteran's current back disability, including muscle spasms and right lower extremity radiculopathy, is related to his in-service motor vehicle accident. As such, service connection for these conditions is granted.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's in-service noise exposure likely caused his current condition. The appeals regarding rheumatoid arthritis and malaria have been withdrawn by the Veteran. Service connection for a lumbar spine disorder is remanded due to conflicting evidence.

The Veteran's lumbar spine degenerative arthritis results in pain and stiffness, but does not meet the criteria for a higher rating as per VA regulations.

The Board has decided to remand the case for an addendum opinion regarding the etiology of the Veteran's low back disorder, as well as obtaining additional medical records and ensuring that all necessary development is completed.

The Veteran's claim for service connection for a left knee disability is denied. The Board finds that the evidence does not support a separate and distinct left knee disability from his currently service-connected lumbar spine and lower extremity radiculopathy disabilities.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability of bilateral hearing loss. The claims for increased ratings for lumbar spine strain, right knee strain, and left knee strain are remanded for additional development.

The Board has granted service connection for an acquired psychiatric disorder as secondary to service-connected disabilities and a TDIU based on the Veteran's service-connected disabilities. The rating for bilateral pes planus remains unchanged.

The Board has granted an effective date of November 8, 2005 for the award of TDIU on an extraschedular basis due to the Veteran's service-connected disabilities preventing him from securing and following a substantially gainful occupation.

The Veteran's right knee disability was granted a noncompensable rating prior to March 13, 2009 and a 10 percent rating from May 1, 2009. The Veteran's lumbar spine disability was granted an initial 20 percent rating effective May 7, 2012.