Back / lumbar spine decisions — 2016

The Veteran's lumbar spine disorder is service-connected.,The Veteran's asthma was not incurred in or aggravated by service.

The Veteran's appeal is being remanded due to a scheduling error for his requested videoconference hearing. The claims will be returned to the Board after the scheduled hearing.

The Veteran's claim for an increased rating for service-connected spondylosis of lumbar spine L5-S1 was granted, with a current evaluation of 40 percent. Initial evaluations in excess of 20 percent were denied for the Veteran's service-connected right lower extremity and left lower extremity radiculopathy.

The Veteran's claims for increased ratings and service connection are being remanded to obtain additional medical records and provide the Veteran with proper notice.,The Veteran's claims of service connection for an ear disorder and bilateral hearing loss are being remanded to obtain VA audiological examination reports and ensure that all necessary development has been completed.,The Veteran's claim of service connection for acid reflux is being remanded to obtain a clarifying opinion regarding whether it is at least as likely as not aggravated by his PTSD and depression.,The Veteran's claims of service connection for erectile dysfunction are being remanded to obtain an addendum opinion regarding whether it is at least as likely as not directly related, secondary to, or aggravated by his service-connected conditions.,The Veteran's claim of service connection for a disability manifested by voice change is being remanded to provide the Veteran with a VA examination and determine if he has a current disability due to intubation during service.

The Board has granted service connection for right hip arthritis and low back arthritis, finding that the Veteran's current conditions are more likely than not caused by injuries sustained during active duty training.

The Veteran's claims for various conditions, including right shoulder, thoracolumbar spine, left hip, and knee disorders, as well as a right thumb cyst and numbness in the arms and feet, were denied. The Board found no current disabilities related to these issues.

The Veteran's service-connected lumbar spine degenerative disc disease has not resulted in ankylosis or functional losses tantamount to ankylosis, and evaluating the disability based on incapacitating episodes would at no point during the relevant time period result in a rating greater than that which is currently assigned for the separately evaluated orthopedic and neurologic manifestations of his degenerative disc disease when all disabilities are combined under 38 C.F.R. § 4.25.

The Board found no evidence to support a service connection for the Veteran's lumbar spine disorder or hypertension, and thus denied both claims.

The Board has determined that there is no evidence in support of service connection for the claimed conditions, including a back disability, lung disability, hypertension, right inguinal or umbilical hernia, and residuals of blows to the skull. The Veteran's claims are denied.

The Veteran's claim for a higher rating for his lumbar spine disability is being remanded due to inconsistencies in the January 2013 medical examination and opinions.

The Board denied the Veteran's claims of service connection for a back disorder, neck disorder, tail bone disability, scar residuals, and migraine headaches. The evidence did not support a finding that these conditions were incurred or aggravated by active military service.

The Board has determined that the Veteran's diagnosed lumbar strain and degenerative disc disease had its onset in active service, resolving reasonable doubt in his favor.

The Veteran's claim for a TDIU was granted effective August 13, 2010, due to his service-connected low back disability and radiculopathy preventing him from engaging in any type of physical employment.

The Board denied the Veteran's claim for service connection of a low back disorder, finding that there was no evidence linking his current condition to his active duty or any service-connected disability.

The Veteran's claim for increased ratings for her chronic lumbar strain disability was denied. The effective date of the granted rating is August 15, 2013.

The Veteran's PTSD, migraine headaches, cervical spine degenerative changes including disc protrusion and myositis, right carpal tunnel syndrome, erectile dysfunction, dermatitis and tinea versicolor (previously shown as pityriasis versicolor), and arthritis have been granted service connection. The Veteran did not meet the criteria for increased ratings in excess of 30 percent prior to July 25, 2010, and in excess of 50 percent thereafter, for depressive disorder.

The Board found that the Veteran's current low back disability is not related to his service and denied his claim for service connection.

The case is being remanded for further development, including obtaining private treatment records and VA examination to assess the Veteran's lumbar spine disability and need for aid and attendance. The issues of increased rating, TDIU, and SMC based on aid and attendance are also being addressed.

The Veteran's claim for higher ratings for his low back disability was granted, with a rating of 40 percent effective May 6, 2015. The issue of TDIU is addressed in the REMAND portion.

The evidence is at least in equipoise that the Veteran's current lumbosacral sprain is a continuation of a low back disorder considered as having arisen during service, likely aggravated by training during his period of active duty.