Back / lumbar spine decisions — 2016

The Veteran's claims of service connection for a thoracolumbar spine disability and headaches have been reopened, with the latter being granted as they are related to in-service depression. The Veteran's right shoulder and cervical spine disabilities remain unresolved.

The Veteran's appeal for increased ratings for PTSD and chronic lumbosacral strain has been withdrawn. The TDIU issue remains pending.

The Veteran's left thumb degenerative joint disease is currently evaluated as noncompensable under the rating criteria, but he is entitled to a minimum compensable evaluation due to painful motion. The issues of entitlement to higher initial evaluations for lumbar degenerative disc disease with sacralgia and coccyalgia and left thumb degenerative joint disease are addressed in the REMAND portion of this decision.

The Veteran's appeals for service connection on several conditions have been dismissed due to voluntary withdrawals by the Veteran.

The Veteran's claim for service connection for herpes simplex virus is granted. The Board finds that the penile lesion noted in service was at least as likely as not herpes in character, and affords the benefit of doubt to the Veteran.

The Veteran's claims for service connection for bilateral hearing loss, aortic aneurism, PTSD, and other disabilities have been denied as the evidence does not support a finding that these conditions are related to his military service.

The Veteran's low back disability was rated at 20 percent prior to February 12, 2014. From that date forward, the Veteran is entitled to a 40 percent rating for his mechanical low back pain.

The Board found that the Veteran's lumbar spondylosis is not causally or etiologically related to his military service and denied his claim for service connection.

The Veteran's claims for service connection were denied as there was no verified in-service stressor event, and the diagnoses did not meet the criteria for PTSD.

The Veteran's appeal is being remanded for further development, including issuance of a Statement of the Case and consideration of additional evidence. The lumbar spine claim will be reviewed by a VA examiner to determine if it was caused or aggravated by service-connected knee disabilities.

The Veteran's claims for service connection and increased ratings were granted. Service connection was established for migraine headaches, left knee patellofemoral syndrome, and low back disability. The Veteran received a 100% rating for her left knee patellofemoral syndrome effective from April 6, 2011.

The Veteran's appeal for increased ratings for his back disability and left lumbar radiculopathy was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case for a new VA examination to determine the nature and etiology of any current back disability, including whether it is related to service or other factors.

The Board has determined that the Veteran's right and left hip disorders are not related to his military service.,The Board also found no evidence of a low back disorder within one year of separation from service.

The Board has remanded the case for further development due to inconsistencies in the Veteran's statements regarding his back condition and its relation to service. The VA examiner is requested to provide an opinion on whether it is at least as likely as not that the Veteran's current back pain or any diagnosed back problem during the appeal period is related to or had its onset during service.

The Veteran's claims for increased rating, earlier effective date, and service connection were denied. The Board found that the evidence was at least evenly balanced as to whether her service-connected disabilities rendered her unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for further development and examination, including obtaining medical records from DeKalb Medical and scheduling VA examinations to address the Veteran's service connection claims.

The Veteran's sleep apnea and lumbar spine disability are service-connected, with the latter being secondary to his preexisting condition. The bilateral lower extremity neuropathy is also service-connected as it is proximately due to the lumbar spine disability.

The Board has remanded the case for additional development, including obtaining VA treatment records, verifying service periods, and scheduling appropriate examinations.

The Veteran's claims for service connection for a lumbar spine disability and peripheral neuropathy of the bilateral upper and lower extremities are being remanded due to outstanding VA treatment records and the need for additional medical opinions.