Back / lumbar spine decisions — 2016

The Board denied the Veteran's claims for service connection for various conditions, including respiratory disorder, vision disorder, back disability, sarcoidosis manifestations, heart disorder, diabetes mellitus, autoimmune disease, sleep apnea, black outs, and bilateral hearing loss. The evidence did not meet the criteria for direct service connection.

The Board has determined that the VA examination in June 2013 is inadequate and requires a new examination to determine if the Veteran currently has a low back disorder, whether it preexisted service, and its relationship to service.

The Board denied the Veteran's claims for service connection for bilateral pes planus, lumbar spine disorder, and cervical spine disorder. The decision found that pre-existing bilateral pes planus was not aggravated by service.

The Veteran's DDD of the lumbar spine was manifested by no more than normal range of motion with subjective reports of painful motion, tenderness and stiffness on a constant basis for the period prior to March 27, 2012. The Board found that this did not meet the criteria for an initial compensable rating.

The Veteran's hypertension is granted service connection. The left knee extension rating is reduced to noncompensable, effective June 1, 2010. The right knee extension and instability ratings are maintained at 60 percent each, effective August 2009. The lumbar spine disorder is rated at 40 percent since December 2009.

The Board has reopened the previously denied claim of service connection for a low back disorder and granted it, finding that new evidence supports the claim.,Service connection was also granted for a left knee disorder as secondary to service-connected disabilities.

The Veteran's PTSD is rated at 100 percent disabling from January 8, 2011. The claim for service connection of a lumbar spine disability has been reopened and the evidence received since the August 1996 rating decision relates to the basis for the prior denial.

The Veteran's low back disability is being remanded for additional development, including a VA examination and obtaining treatment records. The appeal will be reconsidered after these actions.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability. However, after reviewing all available evidence, including VA examinations and treatment records, the Board finds that there is no competent medical evidence linking the Veteran's current low back disability to his active duty service or any incident therein. The right ankle disability was not manifested during service or within one year of separation from service, and there is insufficient evidence to establish a connection between the current condition and service.

The Board has determined that the Veteran's low back disorder is aggravated by his military service, and thus grants service connection for this condition. The left knee disorder claim will be remanded as it was not addressed in the decision.

The Veteran's claim for SMC based on the need for regular aid and attendance was denied as he did not meet the schedular criteria for such benefits.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case due to a need for an additional VA examiner's opinion regarding the relationship between the Veteran's back disorder and his service. The Veteran is invited to submit any updated private medical records.

The Board found that the Veteran's back disability did not have onset in service and was not caused or permanently aggravated by his active military service, thus denying his claim for service connection.

The Board denied the Veteran's claims for increased ratings for her low back disorder, right and left knee disabilities, and left hip arthritis. The Veteran was not granted service connection for sleep apnea or hypertension as secondary to service-connected conditions.

The Veteran's back disability is currently rated at 40 percent since June 13, 2014. The RO found that the evidence did not meet criteria for a higher rating prior to this date.

The Veteran's service connection claims for hoarseness, sore throats, eye disability, right shoulder disorder, and low back disorder are all granted.

The Board has determined that the Veteran's low back disability, cold injury residuals, and right foot injury are not related to service or manifest within one year of separation. Therefore, service connection for these conditions is denied.

The Veteran's intervertebral disc syndrome with degenerative arthritis of the lumbar spine and neuritis of the left lower extremity were not found to warrant higher initial ratings based on current symptomatology.

The Veteran's service-connected lumbar spondylolisthesis causes his back brace to wear and tear clothing, warranting a clothing allowance for the years 2014 and 2015.