Back / lumbar spine decisions — 2016

The Veteran's appeal is denied as his service connection claims for right ear hearing loss, porphyria cutanea tarda, back disability, stress fracture of the right third metatarsal, gastroesophageal reflux disease (GERD), and other conditions are not supported by evidence showing a current disability. His claim for right ear hearing loss is denied as he does not meet VA criteria for a finding of disability.

The Board has ordered a new VA examination to determine if the Veteran's lumbar spine disability, including scoliosis and bulging discs, was aggravated by his active duty service. The appeal is remanded for further development.

The Board denied the Veteran's claims of service connection for hypertension, diabetes mellitus, lumbar spinal stenosis with herniated lumbar disc and myelopathy, and eye disability (mature senile cataract). The Veteran did not provide new and material evidence to reopen these claims.

The Board found that the Veteran's thoracolumbar spine disability does not warrant a rating higher than 20 percent, as her range of motion did not meet criteria for an increased rating.

The Veteran's claims for increased ratings for his service-connected conditions are being remanded to allow for additional development of the record.

The Veteran's claim for an initial rating in excess of 30 percent for migraines due to traumatic head injury was denied. The Board found that the evidence did not support a finding that the disabling effects of the Veteran's headaches have exceeded the severity and frequency encompassed by the current 30 percent evaluation, on average.

The Board denied all issues on appeal, including service connection for various conditions and a rating in excess of 10 percent for left knee disability. The Veteran's left knee was found to have limited flexion but no extension limitation.

The Board has granted service connection for a left ankle disability, bilateral knee and low back disabilities as secondary to the left ankle disability, and tinnitus. The Veteran's claims are all granted.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment records and scheduling a VA examination to distinguish the symptoms associated with his service-connected residuals of a compression fracture of the T-12 from those associated with his DDD of the lumbar spine.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and a new opinion from the examiner.

The Board has remanded the case for further development to determine if the Veteran's lumbar spine disability originated during active service or was aggravated by an increase in disability during her period of Active Duty for Training (ACDUTRA).

The Board has determined that the Veteran's low back disorder and heartburn are related to his service-connected PTSD, and thus granted service connection for these conditions on a secondary basis.

The Veteran's low back disability is currently rated at 20 percent, effective February 13, 2012. The Board found that a higher rating was not warranted prior to this date.

The Board has remanded the Veteran's claims of service connection for a sleep disorder and a back disorder due to incomplete development. The case is now before the Board for further consideration.

The Board has determined that the Veteran's bilateral hearing loss does not warrant a compensable rating at any time during the period on appeal.

The Veteran's claim for a higher rating for her back disability was denied. She is currently rated at 20% for right lower extremity radiculopathy, effective June 25, 2009.,Her claim for increased ratings for both conditions has been partially granted with the right lower extremity radiculopathy receiving a rating of 20%, effective June 25, 2009.

The Veteran was granted a TDIU effective May 10, 1999 due to his service-connected lumbar strain and depressive reaction. The Board found that the evidence did not show he was unemployable prior to this date.

The Veteran's claim for service connection for PTSD has been granted. The remaining claims of service connection for lumbar spine arthritis, right arm disability, left arm disability, and neck disability are pending.

The Board has granted service connection for bilateral shin splints, finding that the Veteran's current condition is related to his in-service injury. Service connection for a low back disorder was denied as there is no evidence of chronicity and the most likely etiology is a post-service work-related injury.

The Veteran's claims for increased ratings for his service-connected right and left carpal tunnel syndromes, as well as a separate rating for radiculopathy of the left lower extremity associated with his lumbar spine disorder, were granted. The Veteran is now rated at 40% for his lumbar spine disorder.