Back / lumbar spine decisions — 2016

The Board denied the Veteran's claim for service connection for a low back disability, finding that her current lumbar spine condition was not incurred in or aggravated by active service.

The Board granted an initial increased rating of 70 percent for PTSD, effective May 14, 2010. Effective November 8, 2011, the Veteran is entitled to a TDIU due to service-connected disabilities.

The Board has decided to remand the case for additional development, including obtaining missing personnel records and providing etiology opinions regarding the Veteran's low back disability.

The Veteran's claims for service connection for heart disorder, arthritis of neck and right wrist, back disorder, left ear disorder, and right ear disorder were denied. The Board found that the evidence did not support a finding of direct service connection for these conditions.

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

The Board has remanded the claims for additional development due to outstanding VA treatment records and inadequate medical opinions regarding service connection for various conditions.

The Veteran's claim for service connection for a lumbar spine disability, which is claimed as secondary to his service-connected cluster migraine headaches, has been remanded due to the need for additional development of evidence and an opinion regarding the etiology of the lumbar spine disability.

The Board has determined that the Veteran does not have a current bilateral hearing loss disability and there is no evidence of such during service. The VA examination did not reflect hearing loss as defined by VA regulations, but a March 2014 private audiogram showed bilateral hearing loss. However, this private audiogram was uninterpreted and the Board finds that the VA examinations are more persuasive. There is insufficient evidence linking the Veteran's current hearing loss to service.

The Veteran's service-connected lumbar spine disability and left lower extremity radiculopathy provide a greater benefit than nonservice-connected pension, so the claim for NSC pension benefits is dismissed.

The Board has vacated the June 2016 decision addressing increased ratings for back injury with degenerative disc disease and left sciatic radiculopathy due to an incorrect representation. The Veteran's lumbar spine disability does not meet criteria for a higher rating as it does not approximate unfavorable ankylosis of the entire thoracolumbar spine or entire spine, nor do his left lower extremity symptoms warrant a higher rating.

The Board denied service connection for migraine headaches, athlete's foot, and low back disability due to lack of evidence linking these conditions to service.

The Board has determined that the Veteran's service-connected back disability is related to his active duty service, and thus grants the claim for service connection.

The Board found that the Veteran's claimed foot, ankle and knee disorders were not incurred in or aggravated by service. They may not be presumed to have been so incurred.

The Veteran's claims for increased ratings for his service-connected lumbosacral strain with degenerative disc disease and radiculopathy of the lower left extremity were denied. The Board found that a rating in excess of 60 percent was not warranted for the lumbar spine disability, as there was no evidence of ankylosis. For the radiculopathy claim, the Veteran's current 20% rating was upheld.

The Board has remanded the case due to inadequate opinion regarding whether the cervical spine disability is aggravated by the service-connected low back disability, or if it is otherwise related to service.

The Board has determined that the Veteran's current low back disorders, diagnosed as degenerative disc disease and thoracolumbar strain, are of service origin.,The Board has also determined that the Veteran's current right knee disorder, diagnosed as internal derangement of the right knee, is of service origin.

The Veteran's right shoulder disability was reduced from 20% to 10%, effective August 1, 2014. The reduction was proper as the condition did not improve such that a higher rating would be warranted.

The Veteran's cervical spine disability is rated at 30 percent for the entire period covered by this claim, effective from July 29, 2013. The rating includes a separate compensable rating of 20 percent for RUE radiculopathy associated with the service-connected cervical spine disability prior to July 29, 2013.

The Board finds that the Veteran's current low back disability, including DDD with nerve root compression, spondylolisthesis, and residuals of an L1 fracture, is not related to his service. The September 1970 injury resolved without residual issues, and there is no evidence linking the current condition to service.

The Board has granted service connection for the Veteran's right knee disorder, back disorder, and left foot plantar fasciitis. The initial disability ratings assigned are as follows: a non-compensable rating for IBS and a 10 percent rating for right ankle sprain with tendonitis and right talus cyst.