Back / lumbar spine decisions — 2016

The Veteran's low back disability is rated at 20 percent effective from February 25, 2009. He also has a separate rating for left lower extremity radiculopathy.

The Board found that the Veteran's lumbar spine disability warrants a 20 percent rating, as his forward flexion was greater than 30 degrees but not more than 60 degrees. The reduction in evaluation of right knee from 10% to 0% was proper and restored the 10% rating for the right knee. The Veteran's claim for TDIU is granted.

The Veteran's claim for an increased rating for his low back disability was denied as the evidence did not meet the criteria for a higher schedular rating than 40 percent.

The Veteran's lumbar spine strain with degenerative disc disease and L5 pars defect was granted a 40 percent disability rating effective January 24, 2013. The radiculopathy of the right lower extremity affecting the sciatic nerve and femoral nerve were also granted increased ratings.

The Veteran's low back disability is rated at 40 percent since April 7, 2005. The left foot scar does not warrant a higher rating. The inactive tuberculosis (TB) has been granted but no specific rating or effective date was provided.

The Board has remanded the claim for a new VA opinion to address whether the Veteran's service-connected right and left knee disabilities are aggravating her low back disorder, including considering any additional treatment records since November 2012.

The Board denied service connection for a left wrist disability and low back disability, finding no evidence of in-service injury or disease that could be linked to the current conditions. The Veteran's claim for low back disability is being remanded for additional development.

The Board found no evidence that the Veteran's back disability was related to his military service and denied his claim for service connection.

The Board denied service connection for bilateral hearing loss and a back disability, finding that the Veteran did not have current disabilities meeting VA compensation criteria. For the back condition specifically, the Board determined there was no medical evidence linking it to active military service.

The Veteran's claim for special monthly compensation (SMC) based on claimed loss of use of the voice is denied as he has not experienced complete organic aphonia with constant inability to communicate by speech during the appellate period.

The Veteran's degenerative disc disease of the lumbar spine and arteriosclerotic heart disease were not found to be related to his active duty service. The Board also determined that he is not unemployable due to his service-connected disabilities.

The Veteran's low back strain was initially rated at 10 percent and has been maintained since September 2009. From June 1, 2015, the rating for his low back strain has been increased to 20 percent.

The Board has granted service connection for degenerative disc disease of the lumbar spine and a right shoulder disorder, diagnosed as fraying of the labrum, instability, and history of multiple dislocations. The Veteran's current back and right shoulder conditions are found to be related to his active service.

The Board has determined that the Veteran's current eye disabilities are not related to his active service and therefore denied service connection for bilateral eye disability.

The Veteran's appeal is being remanded for additional development, including consideration of service connection claims and obtaining a VA examination to assess the relationship between his claimed disabilities and exposure to contaminated water at Camp Lejeune.

The Veteran's appeal is denied as his service connection claims for a back condition, lung condition (claimed as bronchiectasis), immune disorder, and anemia are not supported by the evidence of record.

The Veteran's conversion and bipolar disorders have been rated at the maximum schedular rating of 100 percent. The claim for service connection for a back disorder has been reopened, but new evidence does not establish that the current disability is related to service. The Veteran's upper and lower extremity neuropathy with numbness, weakness, and muscle pain are secondary to her bipolar disorders. Her hypothyroidism and irritable bowel syndrome have both been rated at noncompensable levels.

The Board denied the Veteran's claims for service connection for various conditions, including a right shoulder disability and back condition. The decision also addressed his claim for tinnitus, lung condition, and sleep apnea, but did not specify whether these were granted or denied.

The Board has granted service connection for a back disability and determined that new and material evidence has been received to reopen the claim of service connection for anxiety and insomnia. The Veteran's current diagnoses include degenerative disc disease, which is found to have begun during service, and anxiety and insomnia.

The Board has determined that the Veteran's claims for service connection are not clear and unmistakable, and thus must be remanded to obtain additional medical opinions regarding his claimed conditions.