Back / lumbar spine decisions — 2016

The Board has remanded the Veteran's claim of entitlement to a disability rating in excess of 10 percent for his chronic lumbar strain disability due to inadequate examination and failure to address DeLuca and Mitchell criteria.

The Board has denied the Veteran's claims for service connection for left ear hearing loss, right ear hearing loss, tinnitus, and low back disability as there is no evidence of a current disability or in-service incurrence. The claim for left foot plantar fasciitis was not adjudicated.

The Veteran's appeal is being remanded for additional development, including new VA examinations and a supplemental statement of the case.

The Board has remanded the case for additional development due to unavailability of service treatment records and a need for a new VA examination.

The Veteran's PTSD was found to be incurred in active service and granted. The claims for increased evaluations of her lumbar spine and bilateral knee disabilities are remanded.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, including bilateral hearing loss and tinnitus. The claims for refractive error of the eyes, right and left knee disorders, lumbar spine disorder, and macular hole of the right eye are also denied as there is no evidence of in-service injury or disease.

The Board has remanded the case for additional development to determine if the Veteran's current low back and heart disabilities are related to service, including any in-service incidents.

The Board has ordered a remand to obtain an updated medical opinion regarding the Veteran's back and bilateral leg disabilities. The case will be returned for further action.

The Board finds that the evidence is in equipoise as to whether the Veteran's current low back disability, including degenerative disc disease and osteoarthritis of the lumbar spine, is related to his military service. Therefore, the claim for service connection is granted.

The Veteran's claim for an increased rating for his lumbar spine disability was denied. The Board found that the evidence did not support a higher rating prior to May 5, 2006 and from May 5, 2006 through March 29, 2011, he was rated at 40 percent.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine and associated radiculopathy have not met the criteria for a higher evaluation under the applicable rating schedule.

The Board denied the Veteran's claims for service connection for various conditions, including hepatitis C, low back disability, peripheral neuropathy, ischemic heart disease, bilateral hearing loss, and tinnitus. The decision found that new evidence had not been received to reopen the claim for hepatitis C, and that there was no credible evidence linking these disabilities to service.

The Board has determined that the Veteran's hypertension was not caused or made worse by his service-connected PTSD with depression. The lumbar spine disability is denied as there is insufficient evidence to establish a connection.

The Veteran's claim for an annual clothing allowance was denied due to the lack of evidence showing that her service-connected disabilities cause wear and tear on her clothing. The Board has decided to remand the case for further development, including obtaining updated VA medical records and arranging a physical examination.

The Veteran's low back disability is currently rated at 40 percent, effective January 11, 2009. The claim for increased ratings for left and right lower extremity radiculopathy remains denied.

The Board has determined that the Veteran's right knee disorder, including a total right knee replacement, is service-connected. The low back and right foot disorders are also found to be related to his right knee condition. However, further medical examination and opinion are needed for the claims of increased evaluation for postoperative residuals of tenorrhaphy and neurorrhapy of the right hand.

The Veteran's low back and right knee disabilities have been rated at the minimum levels allowed by law, with no evidence of additional impairment warranting higher ratings.

The Veteran's hypertension is found to be related to his service-connected GAD/depression. Service connection for GAD/depression is granted with an effective date of June 22, 2007, and a rating of 50 percent. The right knee disability is rated as 20 percent from the initial grant of service connection on June 21, 2012, to January 31, 2014, and as 70 percent beginning February 1, 2014. Service connection for GAD/depression is granted with an effective date of February 1, 2014.

The Board denied an increased evaluation for RSD of the left lower extremity and low back, finding that the disability most closely approximated a 40 percent rating. The separate claim for a compensable rating for RSD of the low back was also denied.

The Veteran's claims for service connection for tremors, residuals of head trauma and a low back disability, as well as his claim for total disability rating due to individual unemployability, have been granted. As these benefits have been awarded, there is no remaining case or controversy.