Back / lumbar spine decisions — 2016

The Veteran's claim of service connection for low back arthritis was denied in October 1995 and reopened due to new evidence. The Board has now granted service connection for lumbosacral spine degenerative disc disease and degenerative joint disease. His major depressive disorder is rated at the maximum allowable under VA guidelines.

The Veteran's tinnitus is related to in-service acoustic trauma and the Board finds service connection for this condition.

The Board found that the Veteran's current right knee and low back disabilities are not related to his service, as there is no evidence of a chronic ongoing condition associated with his military service. The preponderance of the evidence supports the denial of these claims.

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected low back disability is being remanded due to the need for additional clinical findings and a VA examination. The Veteran also raised the issue of whether bladder dysfunction, another manifestation of his low back disability, warrants separate compensable ratings.

The Veteran has withdrawn his appeals for the initial evaluations of lumbar spine degenerative arthritis, right knee degenerative arthritis, left knee degenerative arthritis, and hypertension.

The Veteran's service-connected intervertebral disc syndrome and degenerative arthritis with loss of cervical lordosis, as well as his chronic lumbosacral strain, were granted increased disability ratings. The rating for the intervertebral disc syndrome was set at 30 percent effective from June 5, 2014.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to July 23, 2014 and since July 23, 2014.

The Veteran's service-connected lumbar spine, cervical spine, and bilateral knee disabilities are being remanded for further evaluation as his symptoms have worsened since the last VA examination in June 2013.

The Board has reopened the previously denied claims for service connection for vision impairment due to hemorrhagic fever and a back disorder. The claim for an initial rating in excess of 30 percent for PTSD remains denied.

The Board has granted service connection for thoracolumbar arthritis, right hip arthritis, and Hepatitis C based on the evidence being evenly balanced in favor of the Veteran.

The Board denied the Veteran's claims for service connection for a lumbar spine condition, joint pain (bilateral knee, bilateral arm, and bilateral shoulder), and stomach disorder. The Board found that these conditions were not incurred or aggravated by service.

The Veteran's claimed conditions of hemorrhoids, back disability, and Bell's palsy were not shown to be related to his military service. The Board found that the evidence did not establish continuity of symptomatology since separation from service.

The Board has granted service connection for a back disorder and migraines, but remanded the issue of hypertension due to insufficient evidence.

The Veteran's claim for a lumbar spine disability, as secondary to service-connected cluster migraine headaches, is being remanded due to the failure to report for a scheduled Board hearing. The case will be rescheduled for a video-conference hearing.

The Board found that the Veteran's current low back disability did not manifest during or as a result of military service and thus denied his claim for service connection.

The Board has determined that the Veteran's low back disorder, diagnosed as degenerative disc disease and multilevel arthritis with associated minor to mild lumbar paraspinal muscle strain, is related to his service. As a result, he is now entitled to service connection for this condition.

The Veteran's thoracic spine disability was granted a 60 percent evaluation effective October 22, 2012. The claim for higher evaluations prior to that date remains denied.

The Veteran's low back disability, characterized as degenerative disc disease with mild spondylosis of the lumbar and thoracolumbar junction, is currently rated at 20 percent. The Board found that a higher rating was not warranted based on the evidence provided.

The Veteran's lumbar spine disability, including associated radiculopathy to the sciatic nerve in both lower extremities, is rated at 40 percent since May 19, 2010.

The Board has remanded the case for additional development, including obtaining private treatment records and providing a VA examination to determine if any current back or right leg disability is related to service.