Back / lumbar spine decisions — 2016

The Veteran's current tinnitus was incurred during active service and the Board finds that he is entitled to service connection for this condition. The issues of service connection for a back disability and neurological impairment of the right lower extremity are remanded as they are inextricably intertwined with the issue of service connection for tinnitus.

The Veteran's right femur fracture with associated hip and knee disability is currently rated at 10 percent prior to June 14, 2011. The Board has determined that a 30 percent rating is warranted for the period prior to June 14, 2011 based on significant effects on occupational functioning.

The Veteran's postoperative lumbar microdiscectomy was not productive of the required limitations for a higher rating prior to August 3, 2010 and beginning August 3, 2010. The current disability does not meet the criteria for a higher rating.

The Board has denied the Veteran's claims for service connection of a jaw disability and low back disability. The evidence does not support granting these claims.

The Board has determined that the Veteran's left knee, neck, and low back disabilities are not related to service or a service-connected condition. The VA examiner concluded that these conditions were not caused by or aggravated by his service-connected right knee disability.

The Board has determined that further development is needed to determine the relationship between any current back disability and service, including a prior injury during active duty. The Veteran's claim will be remanded for additional examination and opinion.

The Veteran is eligible for a TDIU effective February 3, 2014 due to her service-connected disabilities preventing her from securing or following substantially gainful employment.

The Veteran's appeal is being remanded to obtain updated VA examinations and additional development of her claims.,The Veteran's claim for service connection for residuals of a whiplash injury to the neck and shoulders requires an examination. Her hearing loss claim also needs a new VA examination, as does her TDIU claim due to her lumbar spine disability.,A VA examination is needed to assess the current severity of the Veteran's degenerative arthritis of the lumbar spine. The Veteran testified that her symptoms have worsened since the last evaluation in 2009.,The Veteran's service connection claims for residuals of a whiplash injury and bilateral hearing loss are being remanded, as well as her TDIU claim due to her lumbar spine disability.

The Board has granted service connection for a low back disorder and awarded an initial rating in excess of 30 percent for PTSD. The Veteran's low back disorder is considered to be directly related to his active duty service, while the PTSD claim was adjudicated based on its merits.

The Veteran's low back disability is not service-connected, but his PTSD results in occupational and social impairment with deficiencies in most areas.

The Veteran's lumbar spine disability is rated at 40 percent, and his asthma disability is rated at 30 percent. The combined service-connected disabilities meet the schedular percentage criteria for consideration of a TDIU rating.

The Board has granted service connection for the Veteran's low back disorder including arthritis of the lumbar spine. The cervical spine and PTSD claims are being remanded.,The Veteran asserts that his current cervical spine disorder is related to an injury in service, similar to his low back disorder.

The Veteran's appeal regarding the claims of cervical spine disability, right ulnar neuropathy, and residuals of a right hand injury have been dismissed as she has withdrawn her appeal for these issues.

The Veteran's degenerative disc disease and degenerative joint disease of T-12 with lumbosacral strain were rated at 10 percent prior to May 13, 2015. Effective May 13, 2015, the disability remains rated at 10 percent.

The Board has granted service connection for chronic thoracic lumbar strain, right knee patellar femoral syndrome, and left knee patellar femoral syndrome. The Veteran's conditions are found to be related to his military service.

The Veteran seeks service connection for a low back condition, which he contends is related to an accident in service. The Board finds the VA examination inadequate and remands the case for further development including obtaining updated treatment records and scheduling a VA examination.

The Veteran's diabetes mellitus, type II is presumed service-connected due to herbicide exposure in the Republic of Vietnam. The Board has granted this claim.

The Board finds that service connection is granted for sleep apnea, but denied for other conditions. The Veteran's left shoulder strain was not found to be related to his service.

The Veteran's claim for automobile and adaptive equipment is denied as he does not meet the eligibility criteria due to his service-connected disabilities.

The Board has remanded the case due to the need for additional development, including obtaining private treatment records and lay statements from the Veteran.