Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's current lumbar and cervical spine disabilities, as well as his bilateral hearing loss and tinnitus, are not service-connected. The evidence does not establish a link between these conditions and his military service.

The Board has remanded the case for additional development due to the Veteran's submission of a letter indicating he received treatment at an El Paso VA facility in 1973 or 1974. The claims are currently pending.

The Board has determined that the Veteran's current low back disability, including lumbar spine DDD and arthritis, is related to his in-service injury. As a result, service connection for these conditions is granted.

The Veteran's claims for increased evaluations of her lumbar spondylolisthesis and GERD were denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of 10 percent for either condition prior to September 21, 2016, or in excess of 40 percent for lumbar spondylolisthesis from September 21, 2016. For GERD, the evidence did not meet the criteria for an initial evaluation in excess of 30 percent after September 21, 2016.

The Veteran's claims for increased ratings for chronic lumbar strain and PTSD were denied by the RO. The Board remanded these matters to allow further development, but ultimately found that the denial was appropriate.

The Board has reopened the Veteran's claim for service connection for lumbar spine disability and granted it, finding that new evidence supports a diagnosis of arthritis within one year of separation from active duty. The Board also found that there is sufficient continuity of symptoms to support a grant of service connection.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service, and may not be presumed to have been incurred therein.

The Veteran's appeal is being remanded for additional development, including obtaining a more complete opinion regarding the etiology of his knee disabilities and left femur disability. The claim for TDIU will be deferred pending completion of this development.

The Veteran's claims for service connection for right hip, left hip, and low back disabilities were denied as the Veteran failed to report to scheduled VA examinations without good cause.

The Board found that the evidence does not support service connection for obstructive sleep apnea or a lumbar spine disability, and denied these claims. Service connection was granted for PTSD with an initial 30 percent rating effective March 2010.

The Veteran's service-connected residuals of a shrapnel wound to the left low back resulted in no identifiable muscle impairment, and as of February 8, 2012, only a painful scar. The current rating for these residuals is denied.

The Board has determined that there are outstanding VA treatment records from 1995 to the present which have not been associated with the claims file. The case is REMANDED for these records to be obtained and reviewed.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent under Diagnostic Code 8526. The February 2017 VA examination indicated that the severity of his left lower extremity radiculopathy was moderate, warranting a higher rating.

The Veteran's lumbar strain with degenerative disc disease and neuroforaminal stenosis was initially rated as noncompensable prior to August 10, 2011. From August 10, 2011, the rating was increased to 10 percent. The right lower extremity radiculopathy and left lower extremity radiculopathy were also granted with a 20 percent evaluation each.

The Board has granted service connection for an acquired psychiatric disorder, dysthymia and depressive disorder NOS, a back disability, hypertension, and prostate cancer. The acquired psychiatric disorder is presumed due to herbicide exposure during the Gulf War. Service connection was denied for edema of the lower extremities, heart disability, and dental condition.

The Veteran's tinnitus is granted service connection and his residuals of compression fracture of T-12 of the thoracolumbar spine are denied an increased rating.

The Veteran's claims for increased ratings in excess of 10 percent for DDD of the lumbar spine and recurrent bursitis of the right hip are being remanded due to the need for additional examinations.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss, tinnitus, and a low back condition due to lack of evidence showing these conditions were incurred in or aggravated by his military service.

The Board has determined that the Veteran's current right shoulder, back, and neck disabilities did not have onset during service or were caused by active service. As such, these claims for service connection are denied.

The Board has found that the Veteran's back disorder is related to service, but there is no current evidence of a right ear hearing loss disability for VA purposes.