Back / lumbar spine decisions — 2017

The Board has dismissed the appeals for the issues of entitlement to service connection for a right toe disorder, a back disorder, a sleep disorder, and an acquired psychiatric disorder to include major depression due to withdrawal by the Veteran. The claim of entitlement to a compensable rating for residuals of left fourth finger fracture is pending.

The Veteran's back disability is currently rated at 20 percent, effective the date of his claim. The Veteran does not meet criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran withdrew his appeal for reopening a claim for service connection for a lumbar spine disorder.,The Veteran withdrew his appeal for an evaluation in excess of 30 percent for headaches.,The Veteran withdrew his appeal for an effective date prior to June 27, 2012 for a 30 percent evaluation for headaches.,The Veteran withdrew his appeal for TDIU prior to March 24, 2015.

The Board has granted service connection for the Veteran's claimed conditions, including gout, lumbar spine disability, bilateral knee disabilities, rhinitis, kidney disability (chronic renal failure and bilateral renal cysts), hypertension, cystitis, erectile dysfunction, and migraines. The appeals are now resolved in favor of the Veteran.

The Board has determined that additional development is needed in order to make a decision on the Veteran's claims for service connection and increased ratings. Specifically, VA medical examinations are required to address the current severity of the Veteran's psychiatric condition and low back disorder.

The Board has found that the Veteran's current acquired psychiatric disorder is related to his military service, and thus granted service connection for this condition. The remaining issues of service connection for various foot disabilities, back disability, and knee disabilities are addressed in detail below.

The Veteran's right Achilles heel spur is rated at 30 percent since the onset of his disability, and a low back condition secondary to service-connected bilateral foot disabilities has been granted.

The Board has reopened the Veteran's claim for PTSD, but denied service connection due to lack of credible supporting evidence. The lumbar spine disability issue remains pending.

The Board has determined that additional development is necessary before the issues on appeal can be decided. This includes obtaining VA and private treatment records, as well as SSA records.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are related to his in-service noise exposure. The remaining claims have been remanded for additional development.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of service connection for low back, bilateral knee, bilateral shoulder, and cervical spine disabilities are on appeal.

The Veteran withdrew his appeal for an evaluation in excess of 40 percent for degenerative disc disease and residuals of a fracture of the lumbar spine.

The Veteran has withdrawn his appeals regarding increased ratings for various conditions, including obstructive sleep apnea, right ankle degenerative joint disease, lumbar spine degenerative changes, left lower extremity radiculopathy (sciatic branch), right shoulder degenerative joint disease, left shoulder degenerative joint disease, tinnitus, heart disorder, and other related conditions. The appeals are dismissed.

The Veteran's claim for an effective date prior to March 10, 2004 for the award of service connection for a low back disability was denied. The Board found that the earliest possible effective date allowed by law is March 10, 2004.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical opinions regarding his lower back disorder and sterility.

The Veteran's right knee disability is rated at 60 percent from March 8, 2014. The issue of entitlement to a temporary total evaluation based on convalescence following hospitalization and/or medical treatment associated with a right knee degenerative patellar spur has been granted.

The Board denied the Veteran's claim for service connection for intervertebral disc syndrome and degenerative disc disease of the lumbar spine, finding that there was no in-service injury or chronic disability. The Board also found that new evidence did not raise a reasonable possibility of substantiating the peripheral neuropathy claim.,The Board denied the Veteran's request to reopen his claim for service connection for peripheral neuropathy as he failed to provide new and material evidence.

The Board has granted service connection for bilateral lumbar radiculopathy of the lower extremities, secondary to service-connected lumbar degenerative disk disease. The Veteran's bladder and gastrointestinal disabilities are also considered in light of their relationship to his service-connected back disability.

The Veteran's spine disabilities, including epiphysitis of the spine with dorsal kyphosis and degenerative changes of the lumbar spine, were not found to warrant higher ratings. The claim for a total disability rating based on individual unemployability was also denied.

The Veteran's death was caused by a stroke, which the VA doctor opined was due to his service-connected type II diabetes with peripheral neuropathy of the lower extremities and medication for ischemic heart disease. The Board grants service connection for the cause of the Veteran's death. However, there is no evidence in the file at the date of death that would have supported a claim for accrued benefits.