Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's lumbar disc disease is related to his in-service injury, and thus service connection for this condition is granted. However, there is no evidence linking the Veteran's hepatitis C to his military service.

The Board has dismissed the appeals as the Veteran withdrew his claims for service connection for a pulmonary condition, an increased disability rating higher than 40 percent for residuals of a left leg shell fragment wound, and an initial disability rating higher than 20 percent for left lower extremity scar residual of shrapnel wound and skin graft. The Board also found that the Veteran's lumbar spine strain is secondary to his service-connected residuals of a left leg shell fragment wound.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's claims for increased ratings for his service-connected herniated nucleus pulposus, post-operative, of the thoracolumbar spine and left lower extremity radiculopathy are being remanded due to the need for additional development.

The Board found that the Veteran's right wrist and lumbar spine disorders were not caused by or aggravated by his service-connected left ankle tendonitis, thus denying both claims for service connection.

The Board found no evidence of a low back disability, to include degenerative disc disease and stenosis, that is attributable to the Veteran's military service.

The Veteran's lumbosacral spine strain is not service-connected as it did not manifest during or within one year after service, and there is no evidence of continuity of symptoms since service. The Board finds the Veteran's current recollections of continuous symptoms to be less credible.

The Veteran's lumbar back strain is manifested by pain, stiffness, and limited range of motion. The VA has determined that the disability does not warrant a rating in excess of 10 percent.

The Veteran's case is being remanded for further development, including obtaining medical records and scheduling examinations to assess his service-connected disabilities.

The Veteran's neck and low back disabilities are found to be related to his military service, including a motor vehicle accident in 1980. The VA examiner provided medical evidence supporting the link between these conditions and service.

The Board has decided to remand the case due to the Veteran's unavailability for a VA examination. The case will be returned to the Agency of Original Jurisdiction (AOJ) for further development and consideration.

The Board denied the Veteran's claims for service connection for kidney disease and TDIU. The Veteran was found not to have a current disability related to kidney disease, and his combined rating did not meet the criteria for TDIU based on his service-connected disabilities.

The Veteran's appeal for service connection for a back disorder has been dismissed as he withdrew his appeal.

The Board found that the Veteran's neck, low back, bilateral hip, and bilateral knee conditions are not caused by or aggravated by his service-connected foot disorder.

The Board found that a cervical spine disability was incurred in service and granted service connection for it. The lumbar spine, left leg (including ankle and knee disorders), right wrist, right knee, and right arm disabilities were not shown to be related to service or any presumptive exposure basis.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current tinnitus originated during service, and thus grants service connection for tinnitus. The lower back disability issue remains pending.

The Veteran's appeal is being remanded to obtain a retrospective medical opinion regarding her low back disability prior to September 4, 2015. The case will be returned for further adjudication.

The Veteran's tinnitus was found to be caused by in-service exposure to excessive and harmful noise, warranting service connection. The lumbar spine degenerative arthritis claim is remanded for further action.

The Veteran's lumbar spine disability is rated at 20 percent, effective February 23, 2016. Effective June 5, 2015, the Veteran was granted separate 20 percent ratings for his service-connected right and left upper extremity radiculopathy.