Back / lumbar spine decisions — 2016

The Board denied the Veteran's claims for higher initial ratings and effective date earlier than March 10, 2006 for service connection of left knee strain, right knee strain, and lumbar strain. The effective date remains March 10, 2006.

The Veteran's right hip disability, including osteoarthritis and total right hip arthroplasty with residuals, is found to be service-connected. The Board also granted service connection for left hip, back, bilateral knee, and bilateral ankle disabilities as secondary to the right hip disability.

The Board has granted service connection for the Veteran's upper and lower back disorders, left knee disorder, right hip and left hip disorders as secondary to his service-connected right knee degenerative joint disease. The effective date is August 25, 2008.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide the Veteran with VA examinations.

The Veteran's tinnitus and low back disability are found to be related to his active service, while the claim for bilateral hearing loss is dismissed due to withdrawal of appeal. The Veteran's right knee disability is remanded for further examination.

The Veteran's diagnosed degenerative disc disease of the lumbosacral spine is as likely as not related to his active service, and the Board finds that he is entitled to service connection for this condition.

The Veteran's service-connected disabilities, including degenerative disease of the cervical spine, PTSD, degenerative disease of the lumbar spine, diabetes mellitus type II, left upper and lower extremity peripheral neuropathy, and residual scars, rendered him unable to care for himself. The Board found that he required regular aid and attendance due to his service-connected disabilities.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's back, right knee, and right ankle disabilities are under review.

The Board denied the Veteran's claims for service connection for a low back disability, sciatic nerve disability, and an acquired psychiatric disability (depression and/or anxiety) as secondary to his low back disability. The decision found that there was no nexus between the current disabilities and service.

The Board has determined that the Veteran's cervical and lumbar spine disorders, to include degenerative disc disease involving each portion of the spine, are at least as likely as not etiologically related to his military service. Therefore, service connection is granted for these conditions.

The Veteran's DDD with disc herniation and chronic lumbar strain is rated at 40 percent effective from September 4, 2015. The Veteran also receives separate ratings for right lower extremity neuralgia (10%) and left lower extremity neuralgia (10%).

The Veteran's appeal for increased ratings was denied. The Board found that the evidence did not support a higher rating for PTSD, compression fracture at L2 of the lumbar spine with degenerative disc disease, left otitis media with ruptured tympanic membrane, left saphenous nerve entrapment, or bilateral hearing loss disability.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a low back disorder, which was previously denied in February and August 2005. The Veteran's claims were based on his contention that his current low back disorder is either secondary to his service-connected left ankle disability or directly related to an incident during military service.

The Board has granted service connection for degenerative disc disease of the lumbar spine and assigned an effective date of September 21, 2000.

The Veteran's claim for an effective date prior to July 11, 2011, for the grant of service connection for a back condition is denied. The earliest possible effective date for his service connection claim was assigned as July 11, 2011.

The Board found that the Veteran's back disability warranted a rating of 10 percent, as it did not meet the criteria for higher ratings based on range of motion or functional impairment. The appeal was denied.

The Veteran's appeal for service connection for bilateral hearing loss and initial evaluations for his PTSD, major depressive disorder, mechanical cervical muscle strain, and mechanical lumbar strain have been withdrawn. The case is being remanded to obtain updated VA treatment records and a neurological examination.

The Board found that the Veteran's cervical spine, lumbar spine, and bilateral carpal tunnel syndrome disabilities were not related to service. The evidence did not show a chronic disability in service or within one year of discharge, and there was no medical nexus between current disabilities and service.

The Board has remanded the Veteran's claims for further development, including obtaining additional medical records and scheduling VA examinations to assess his cervical spine condition, lumbar IVDS, and bowel dysfunction.

The Veteran's service-connected lumbar back strain and right knee patellar chondromalacia did not prevent him from securing and following substantially gainful employment prior to October 23, 2000.