Back / lumbar spine decisions — 2016

The Veteran's claims for service connection for various conditions, including hypertension, cardiac disability, diabetes mellitus, low back disability, prostate cancer, and thyroid disability, were denied as there was no evidence of exposure to ionizing radiation during service. The Board found that the Veteran did not have a diagnosis of depression or head rash at any time during the period on appeal.

The Veteran's DDD of the cervical spine with IVDS of circumflex nerve status-post discectomy C5-6 is rated at 20 percent effective from June 29, 2011. The Veteran's peripheral neuropathy right upper extremity associated with DDD of the cervical spine with IVDS of circumflex nerve status-post discectomy C5-6 was also granted a separate compensable rating.

The Veteran's sleep apnea is granted as secondary to service-connected asthma, hypertension, and allergic rhinitis. The effective date for the lumbar spine disability remains April 3, 2008 due to lack of prior communication regarding this condition before that date.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and a medical opinion regarding the etiology of his low back disorder. The claims will be readjudicated after all development has been completed.

The Board has denied the Veteran's claims for service connection for right ear hearing loss, a back disability, bilateral lower extremity disability, and heart disability. The issues of service connection for a TDIU have been remanded.

The Board has reopened the Veteran's claims for service connection for left knee, right knee, and back conditions. The evidence submitted since the final denial is considered new and material.

The Veteran's service connection for GERD is granted, and his claim for an increased rating for chronic myofasciitis of the low back is remanded.

The Veteran's claim for service connection for PTSD has been granted. The low back disability and lateral patellar friction syndrome claims are pending as the Board is unable to determine their status due to lack of information.

The Board has granted service connection for tinnitus, finding that the Veteran's current symptoms are related to his active service. The other claims remain pending and will be remanded for further development.

The Veteran's right knee disability is rated at 60 percent effective July 1, 2011. The TDIU claim was granted effective the same date.

The Board has reopened the Veteran's claim of entitlement to service connection for a lumbar spine disorder and finds that it is at least as likely as not that his current condition developed during active service. Service connection is therefore granted.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and lower extremity radiculopathy. The Veteran was also denied a higher rating for his lumbar spine disability.

The Veteran's low back disability is denied as there is no diagnosed condition. The right thigh disability resulting from her service-connected right knee surgery is granted.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board issuing a decision.

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence in order to properly adjudicate the Veteran's claims for service connection.

The Veteran's PTSD is rated at 50% and his right ankle disability remains at 10%. The claims for lumbar spine, right shoulder, right knee, left ankle disabilities are not addressed.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder. Resolving all reasonable doubt in favor of the Veteran, the Board finds that there is sufficient evidence to establish that his current low back disorders are related to his period of active military service.

The Veteran's low back disability was rated at 10 percent from October 28, 2007 to May 1, 2014. From May 1, 2014 onwards, the rating remained at 10 percent.

The Veteran is seeking a higher disability evaluation for his service-connected back disability. The case has been remanded due to inadequate VA examinations and the need for additional outpatient treatment records.

The Veteran's low back disability, despite complaints of pain and functional limitations, did not meet the criteria for a schedular rating in excess of 20 percent under Diagnostic Code 5243.