Back / lumbar spine decisions — 2016

The Board has granted service connection for a lumbar spine disability and an acquired psychiatric disorder, including PTSD and depressive disorder. The Veteran's lumbar spine disability is related to his in-service injury during INACDUTRA.,Service connection was also granted for the Veteran's posttraumatic headaches with an initial evaluation of 30 percent from July 14, 2014.

The Board has determined that the Veteran's major depressive disorder is secondary to his service-connected bilateral knee disabilities and grants service connection for this condition.

The Board has reopened the Veteran's claims of service connection for cervical spine condition, left upper extremity numbness, lumbar spine condition, and bilateral knee condition. The evidence shows that these conditions preexisted service but were aggravated by his final period of active duty service.

The VA reduced the Veteran's disability rating for his thoracolumbar spine disorder from 40 percent to 20 percent effective June 1, 2010. The reduction was upheld as supported by recent medical evidence showing improvement in the Veteran's condition.

The Veteran's claim for service connection for tinnitus is granted. The Veteran does not have a bilateral hearing loss disability for VA purposes.

The Board has determined that a remand is necessary to obtain an addendum medical opinion regarding the etiology of the Veteran's lumbar spine disability and to provide proper notice for his claim of service connection for headaches.

The Board has granted service connection for a right ear hearing loss disability and tinnitus, but the claims of service connection for lumbar strain and left ear hearing loss disability are remanded due to insufficient evidence.

All issues related to service connection have been granted. The Veteran's cluster headaches are rated at 50% effective October 1, 2010.

The Veteran's radiculopathy of the right and left lower extremities, associated with service-connected degenerative disc disease of the lumbar spine, has been manifested by symptomatology no worse than mild incomplete paralysis of the sciatic nerves. As such, a rating in excess of 10 percent is not warranted.

The Board has determined that the Veteran's claims for service connection for a back disorder, bowel disorder, right eye disorder, deviated septum, skin disorder, tinnitus, right ankle disorder, and right knee disorder have been denied. The evidence does not support a finding of in-service injury or disease resulting in these conditions.

The Veteran's claim for an increased evaluation for her bilateral knee disability was granted. However, she is not entitled to service connection for a low back disability as there is no current diagnosis and the evidence does not support a finding that such a condition is related to her service-connected bilateral knee strain.

The Board denied the Veteran's claim of service connection for thoracolumbar spine disabilities in March 2010. The new evidence received since that decision is considered duplicative and does not raise a reasonable possibility of substantiating the claim.

The Board has denied the Veteran's claims for service connection for degenerative bone disease, lung disorder (granulomata of the lungs with COPD), hypertension, heart disorder, headaches, depression as secondary to other medical conditions, flat feet, low back disorder, and bilateral leg disorder. The evidence does not support a finding that these conditions are related to service or any in-service exposure.

The Veteran's lumbosacral strain was not rated higher than 10 percent from December 3, 2012 to December 4, 2013.,Effective December 5, 2013, the Veteran's lumbosacral strain warranted a 20 percent rating.

The Board has determined that the Veteran's current low back disability is etiologically related to his active service and grants service connection for this condition.

The Veteran's claim for an increased rating for her service-connected degenerative disc disease of the thoracolumbar spine is being remanded due to a lack of recent VA examination and treatment records, as well as potential changes in disability severity.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for bilateral hearing loss, tinnitus, and a lower back disability. The claim for an increased evaluation of PTSD is also remanded due to the Veteran's testimony indicating worsening symptoms.

The Veteran has withdrawn his appeals for the issues of entitlement to a disability rating in excess of 40 percent for DDD of the lumbar spine and entitlement to a disability rating in excess of 20 percent for diabetes mellitus, type II.

The Board found that the Veteran's hepatitis B was not incurred during service and is not related to his military service. The remaining issues of service connection for knee meniscal tears, disc disease with chronic low back pain, sleep apnea, and shoulder rotator cuff tears were denied as well.

The Board has determined that additional development is needed to clarify the nature and etiology of the Veteran's claimed disabilities, including seeking VA medical records and private treatment records. The Veteran will also be provided an examination to evaluate his low back, bilateral legs, and right hip conditions.