Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's left hip disability is caused by his service-connected low back disability and grants service connection for this condition as secondary to the service-connected low back disability.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, as well as the Veteran's military personnel file.

The Veteran's back disability is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board has restored this rating and remanded the claim for a higher rating.

The Veteran's appeal is being remanded to obtain additional medical records from various VA facilities and a Texas state prison. The case will be readjudicated after these records are obtained.

The Veteran's appeal for service connection and increased rating claims have been denied. The Board found no current bilateral hearing loss disability, and the low back disability was not shown to be related to service or due to any other compensable factor.

The Veteran has withdrawn his appeals regarding the service connection for residuals of a left arm injury and whether new and material evidence has been received to reopen the claim of service connection for a back disorder. The Board is dismissing these issues.

The Board denied claims for service connection for various conditions, including hearing loss, diabetes, skin disorder, urinary tract disorder, TBI residuals, headaches, and lumbar spine strain. The decision found that new evidence did not warrant reopening the claim for hearing loss, while other claims were denied based on lack of a nexus to service.

The Board has decided to remand the Veteran's claims for additional development due to an inadequate VA examination in January 2010.

The Board denied the Veteran's claims for service connection for duodenal ulcer and a thoracic and lumbosacral spine disorder, finding no current diagnosis of either condition and insufficient evidence to establish a nexus with active duty service.

The Board has determined that none of the Veteran's claimed disabilities began during service or are related to service in any other way.

The Veteran's nerve damage to the left leg has been rated as 10 percent disabling, which is appropriate given the symptoms described. The acquired psychiatric disorder (MDD, panic disorder with agoraphobia, PTSD) has been granted service connection and is considered a new issue due to reopened claims. Hypertension and sleep apnea have not been found to be related to service. Left shoulder and back disabilities are also not supported by the evidence.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, was denied. His claim for increased rating for lumbar L5-L6 spondylolisthesis and TDIU were also denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature and etiology of his sleep apnea and bilateral foot disorders.

The Veteran's appeal is being remanded to obtain additional service records and to provide a VA examination for his claimed psychiatric, knee, and low back disorders.

The Board has denied the Veteran's claims for service connection for stomach and eye problems, as they are not related to his service or a service-connected disability. The other issues on appeal have been addressed but no rating assigned.

The Board has decided to remand the case for additional development, including obtaining relevant medical records and conducting a VA examination.

The Board finds that the Veteran's right hand neurological disability has not improved to warrant a restoration of the 100% rating. The RO reduced the prestabilization rating, and the current ratings for the right knee and low back disabilities do not meet the criteria for higher ratings.

The Board found that the Veteran's low back and bilateral knee disabilities did not have their onset during active duty service or are otherwise etiologically related to such service. The evidence does not support a finding of service connection for these conditions.

The Veteran's service-connected thoracolumbar spine disability is currently rated at 20 percent, reflecting limited but not ankylosed motion. The Board finds the current rating adequately compensates for his functional loss due to pain and flare-ups.

The Veteran has withdrawn her appeal regarding the initial disability ratings for her low back, left knee, and right knee disabilities.