Back / lumbar spine decisions — 2016

The Veteran's service-connected back disability, peripheral neuropathy of the legs and arms, and diabetes mellitus have all been rated at their maximum allowable ratings.

The Board has determined that the October 2012 VA examination and opinion are inadequate, and therefore, a new VA examination is required to determine if the Veteran's current low back disability is related to his service.

The Board has determined that there may be outstanding service treatment records and VA treatment records, which need to be obtained. The Veteran's claims for service connection are being remanded for further development.

The Board has determined that the Veteran's major depressive disorder and obstructive sleep apnea are at least as likely as not caused by his service-connected bilateral hearing loss, tinnitus, and major depressive disorder respectively. The claims for back disability and knee disability are remanded for further development.

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his physical and mental incapacity, which requires care and assistance on a regular basis.

The Veteran's service-connected herniated nucleus pulposus of the lumbosacral spine with low back strain is currently rated at 10 percent, and his adjustment disorder with mixed anxiety and depressed mood is rated at 30 percent. The Board has granted a higher rating for these conditions.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine with compression fracture at T12 is due to an in-service injury, and thus service connection is granted.

The Veteran's claims for increased evaluations for his lumbar strain and hammertoe deformity were denied. The Board found that the evidence did not support a higher evaluation for either condition during the relevant periods.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and associated sciatica, is related to his in-service injury. His claim for service connection was granted.

The Veteran's degenerative joint disease of the lumbar spine with traumatic characteristics was found to be manifested by flexion to 85 degrees prior to January 15, 2015 and flexion to 60 degrees on and after that date. The Board determined these findings did not warrant a higher rating.

The Veteran seeks an earlier effective date for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to November 16, 2009. The Board is required to determine if there is plausible evidence that the Veteran was unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities prior to this date.

The Veteran withdrew his claim for service connection for a low back disability.

The Veteran's initial ratings for right knee, left knee, and right hip osteoarthritis have been granted at 10 percent each. The Veteran is also rated separately for limitation of extension in the right hip (rated as a separate condition). The Veteran's lumbar spine disability has been rated at 20 percent, with no higher rating due to lack of ankylosis or other specific criteria being met. The Veteran's left lower sciatic nerve neuralgia has not warranted a higher initial evaluation.

The Board has denied the Veteran's claims for service connection for various conditions, including sleep apnea, PTSD, chronic pain disorder, and other neurological disorders. The decision is based on the lack of evidence supporting a direct link between these conditions and his military service.

The Veteran's low back disability was granted an increased evaluation of 40 percent effective November 13, 2013. He also received a separate rating for radiculopathy of the right lower extremity associated with his service-connected low back disability.

The Board has granted service connection for left and right knee disorders. The Veteran's hyperthyroidism, sleep apnea, migraine headaches, right shoulder disorder, low back disorder, right foot disorder, myopia, swelling of the left testicle, and tinea versicolor are all found to be related to his military service.

The Veteran's appeal has been withdrawn due to his satisfaction with the increased ratings for the neurologic manifestations of his low back disability.

The Board finds that the Veteran's lumbar spine disorder and glaucoma are not related to his active duty service, and thus denies these claims.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected low back disability.

The Board has denied the Veteran's claims for service connection for asthma, a low back disorder, and a bilateral lower extremity neurologic disorder. The evidence does not support a finding that any of these conditions are related to service.