Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's thoracic and lumbar spine disabilities may be related to his active service, specifically a period of ACDUTRA in 1984. However, further medical examination is needed to determine the nature and etiology of these conditions.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and an examination to determine if the Veteran's current low back disability is related to his military service or was caused by or aggravated by his service-connected right knee disability.

The Veteran's service-connected lumbar spondylolysis and strain with dextroscoliosis was manifested by actually painful joints, with pain on motion and use. There was no objective evidence of muscle spasm, guarding, range of motion limitation, or incapacitating episodes.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and the evidence demonstrates that he is as likely as not unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities.

The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found no evidence of a current diagnosis of PTSD, and the diabetes mellitus claim was not granted due to lack of in-service manifestation within one year of separation from active duty.

The Veteran's claims for service connection and earlier effective date were denied. The Veteran was granted service connection for PTSD with depression, but the effective date of this grant is set at February 14, 2006. The Veteran's claim for an initial rating in excess of 50 percent for PTSD with depression remains pending. His TDIU claim also remains pending.

The Board has decided to remand the case for additional development, including obtaining service personnel records and treatment records, as well as attempting to obtain SSA disability benefits records. A VA examination will also be scheduled if it is determined that the Veteran had a period of active service in June 1988.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA spine examination to determine the relationship between his service-connected low back strain and any current joint, spine, or disc diagnoses.

The Board found that the Veteran's current low back disability is not related to service and denied his claim.

The Veteran's lumbar spine disability, right and left lower extremity radiculopathy, and right groin pain have been granted increased ratings effective September 4, 2015. The original claim for an increase in his service-connected lumbar spine condition was reopened due to new evidence (right groin pain and sciatica).

The Board has determined that the Veteran's current back disorder was not incurred in or related to service, and thus denied his claim for service connection. The right knee disorder issue remains pending as it is unclear if secondary service connection can be established.

The Veteran was previously denied a TDIU prior to September 5, 2012. The Board found that the service-connected disabilities did not prevent him from securing and following a substantially gainful occupation during this period.,Beginning September 5, 2012, the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board granted a TDIU at this time.

The Veteran's right peroneal nerve palsy is not manifested by complete paralysis, and the current 30 percent rating for this condition remains appropriate.,Posttraumatic oculomotor dysfunction does not meet the criteria for a higher rating under applicable diagnostic codes.,Chin scars are rated based on their severity but do not warrant an increased rating as they do not cause significant functional impairment or limitation of motion.,The excision of the left serratus for a muscle flap graft affecting the non-dominant extremity does not meet the criteria for a higher rating under applicable diagnostic codes.,Degenerative disc disease with facet arthritis and spondylosis of the lumbar spine does not meet the criteria for a higher rating as it does not result in incapacitating episodes or severe ankylosis.,Since April 19, 2016, the Veteran's TBI has been manifested by level '3' impairment under the Table of Facets of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified based on motor activity. A separate compensable rating for a peripheral vestibular disorder as a residual of TBI is granted.,Posttraumatic headaches, status-post TBI do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's claim for an initial evaluation in excess of 10 percent for thoracolumbar spine strain and degenerative changes, status post discectomy is being remanded due to the need for a VA examination.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining an addendum opinion from a VA examiner regarding the Veteran's right knee disorder and addressing his complaints of 'trick' or locked knee noted at the time of his separation from service in May 1979. The TDIU claim is also remanded as it is inextricably intertwined with the claims for right knee and back disorders.

The Veteran has been diagnosed with various conditions, including atherosclerotic cardiovascular disease, type II diabetes mellitus, and erectile dysfunction. The Board finds that these diagnoses are related to his service due to the presumption of herbicide exposure for veterans who served in Vietnam.

The Board has determined that a new VA examination is necessary to determine the etiology of the Veteran's claimed low back injury and headaches, as the current opinions are inadequate for rating purposes.

The Board has granted service connection for bilateral plantar fasciitis with cavus foot formation, folliculitis and contact dermatitis, GERD, IBS, CFS, and lumbar degenerative disk disease. Service connection is denied for the shoulders, elbows, hips, knees, and neck.

The Board denied the Veteran's claim for an earlier effective date of October 27, 2010 for a 20% rating for his service-connected degenerative disc disease of the lumbar spine. The decision found that no increase in disability occurred within one year prior to the filing of the increased evaluation claim.

The Board found no evidence of a low back disorder during service and denied the claim. Bilateral hearing loss was not shown to be related to service or noise exposure, as there is no current disability meeting VA's definition of hearing loss. Diabetes mellitus type II, hypertension, and ED were also not linked to service.