Back / lumbar spine decisions — 2016

The Veteran's service-connected disabilities have rendered him unable to secure or maintain substantially gainful employment for the period from December 4, 2014 to present.

The Veteran's appeal is being remanded due to the need for proper duty-to-assist notice and a correct SSOC issuance. The claim will be reconsidered after these steps are completed.

The Board found that the Veteran's low back disorder existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board found that the Veteran's current low back disability is not causally related to an in-service injury, including a reported fall from a telephone pole. The medical evidence did not support a link between service and his present condition.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling VA examinations to assess the severity of his thoracolumbar spine disability, headaches, and TDIU.

The Veteran's DDD and DJD of the thoracic and lumbar spine were rated at 10 percent prior to April 17, 2015 and at 20 percent thereafter. The Board found that these ratings adequately capture his disability picture.

The Board found that the Veteran does not have a left knee disability or low back disability that is related to service, including as secondary to PTSD. The Veteran's vision loss in the left eye was also denied.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current lower back disability is etiologically related to his active service, and therefore service connection for the disability is granted.

The Board has determined that the Veteran's bilateral pes planus did not increase in severity during service and was not aggravated beyond its natural progression. For his low back disability with left leg radiculopathy, the VA examiner found no evidence of a pre-service condition or aggravation by service. The opinion relied on post-service medical records for conclusions about the onset of symptoms.

The Board has determined that the Veteran does not have a current disability of the lumbar spine, cervical spine, right shoulder, left shoulder, or left lower extremity that is related to his active military service.

The Veteran's claims for higher evaluations and TDIU were denied. The Board found that the evidence did not support an evaluation in excess of 40 percent for DDD L4-5, L5-S1; a separate 20 percent rating for left leg radiculopathy prior to October 1, 2010, and a separate 10 percent rating thereafter; or a TDIU based on his service-connected disabilities.

The Veteran's low back disability rating was restored to a 40 percent level effective April 1, 2009. The RO found the reduction of the rating from 40 percent to 10 percent in January 2009 was improper due to an inadequate examination.

The Board has determined that the Veteran does not have residuals of right-sided facial burns or a low back disability that are service-connected. The evidence does not establish current disabilities for which service connection can be considered.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected lumbar spine disability and associated radiculopathy. The initial ratings assigned for these conditions remain under review.

The Veteran's service-connected low back strain is currently rated at 10 percent, but the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's lumbar spine disability did not meet the criteria for an evaluation in excess of 20 percent from May 23, 2008 to February 4, 2014.

The Veteran's claim for increased ratings for his lumbar spine disability and service connection for a left knee disability is denied. The Veteran's lumbar spine disability was rated as 20 percent prior to November 17, 2014 and 40 percent thereafter, which the Board found not sufficient to warrant higher ratings. Service connection for a left knee disability was granted.

The Board has denied the Veteran's claim for a rating in excess of 40 percent for his service-connected lumbosacral strain with herniated disc T11 - T12.,The issue of whether new and material evidence has been received to reopen the right knee disability claim is granted.

The Veteran's tinnitus was granted service connection. The claims for bilateral hearing disability, respiratory disorder, and lower back disability are remanded.

The Board has decided the case on remand and will consider it de novo. The Veteran contends that her current back condition is related to an injury she sustained in service, but a VA examination did not address this claim adequately.