Back / lumbar spine decisions — 2017

The Veteran's service-connected low back disability is rated at 60 percent for the period prior to October 27, 2015 under the Formula for Rating IVDS Based on Incapacitating Episodes.

The Board has denied the Veteran's claim for service connection for a back disorder, finding that there is no evidence of an in-service injury or disease and that any current back disorder is not related to service.

The Veteran's appeal is granted, with a TDIU being awarded due to his service-connected disabilities. The other claims remain pending and require further development.

The Veteran's claims for increased ratings were denied as the evidence did not show that his conditions warranted a higher rating under VA regulations.

The Veteran's diabetes mellitus, type II is currently rated at 10 percent and the Board finds it does not warrant a higher rating.,Prior to April 26, 2014, the Veteran's prostate cancer residuals were rated at 40 percent. From that date forward, he is rated at 60 percent. The Board finds these ratings are appropriate based on his symptoms and treatment needs.,The Veteran's erectile dysfunction does not warrant a compensable rating as it can be managed with medication.,There is no evidence linking the Veteran's Paget's disease to service or exposure to herbicides, thus denying service connection for this condition.,While there is some medical opinion suggesting a possible link between the Veteran's thoracolumbar spine disability and his active duty service, the Board finds that the preponderance of the evidence does not support such a finding.

The Board has remanded the case for further development, including a new medical opinion on whether the Veteran's lumbar spine DJD is secondary to his service-connected knee and hip disabilities.

The Veteran's acquired psychiatric disorder, including anxiety disorder NOS and polysubstance abuse, is related to his active duty service. The Board finds that the Veteran has a current diagnosis of an acquired psychiatric disorder.

The Board has remanded the case for a new VA examination to address whether the Veteran's current lower back disability is related to his in-service injury and if it could be early symptoms or manifestations of rheumatoid arthritis diagnosed in 2003.

The Veteran's service-connected degenerative disc disease lumbar spine with spondylosis is now rated at 40 percent, effective July 7, 2017. The Board found that the disability warranted a higher rating due to limitation of motion and pain.

The Board has determined that the Veteran's current lumbar spine disability is not related to service, including his August 1963 motor vehicle accident. The examiner found no evidence of sequela from this injury and noted other possible etiologies for the Veteran's back condition.

The Veteran's claims for service connection were denied. The Board found that the evidence did not meet the criteria for a 70% rating for PTSD and dismissed the claim for memory loss as it was part of the service-connected PTSD. The other claims, including those related to hepatitis C and left knee disorder, were also denied.

The Veteran's appeal is being remanded due to the need for a video conference hearing before the Board of Veterans' Appeals.

The Veteran's claim for an increased rating for his lower back disability and initial rating for his left leg radiculopathy was denied. The lower back disability is currently rated at 40 percent, while the left leg radiculopathy is rated at 10 percent.

The Board has determined that the Veteran's claims for increased ratings and service connection have been denied. The appeals are addressed in the REMAND portion of this decision.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to assess his right ear hearing loss, sleep disturbance, bilateral knee, left hip, and back disabilities.

The Board found that the Veteran's current back disability, including degenerative disc disease and spondylosis, was not present during service or for many years thereafter and is not otherwise etiologically related to service. Therefore, the claim for service connection for a back disability was denied.

The Veteran's service-connected disabilities have resulted in permanent and total disability that is due to the loss or loss of use of one or both lower extremities, precluding locomotion without the aid of braces, crutches, canes or a wheelchair.

The Board denied the Veteran's claims for service connection for tinnitus, left shoulder condition, and low back condition. The decision found insufficient evidence of in-service incurrence or aggravation for these conditions.

The Board denied service connection for degenerative disc disease of the lumbar spine, finding that there was no probative evidence showing a nexus between the Veteran's current condition and his in-service lifting and carrying heavy artillery.

The Board denied the Veteran's claims for service connection for low back disability, venous insufficiency, and acquired psychiatric disability (depression and anxiety). The evidence did not raise a reasonable possibility of substantiating these claims.