Back / lumbar spine decisions — 2017

The Board has remanded the Veteran's claim for additional development, including obtaining private treatment records and scheduling a VA examination. The appeal is pending and will be reconsidered after these actions.

The Board found that the Veteran's lumbar spine disability did not manifest in service and is not attributable to service. The examiner opined that the Veteran's residuals of a jaw injury was less likely than not incurred or caused by his military service.

The Board has determined that the Veteran's migraine headaches and bruxism/ TMJ disorder manifested during his military service, and thus grants service connection for these conditions.

The Veteran's lumbar spine disability was granted a higher rating of 20 percent effective October 7, 2013. Service connection for left ankle disorder, diabetes mellitus, and bilateral hearing loss were all granted.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's hearing loss and back disability, including obtaining service treatment records and conducting a VA examination.

The Board has determined that the Veteran's left hip and lumbar spine disabilities are service-connected based on continuity of symptomatology during his active duty service.

The Veteran's claim for an increased rating for his lumbar spine disability was granted, with a current evaluation of 20 percent. Separate compensable ratings were granted for left and right lower extremity radiculopathy effective from specific dates. Service connection for irritable bowel syndrome was also granted.

The Veteran's lumbar spine disability resulted in a 40 percent rating, effective November 10, 2014. The right and left lower extremity radiculopathies were separately rated at 10 percent each.

The Veteran's claims for service connection for a low back disability and right ear hearing loss have been reopened, and he is now service-connected for these conditions. His tinnitus claim has also been reopened.,He was granted increased ratings for his bilateral pes planus disabilities.

The Board has determined that the Veteran's current lumbar spine arthritis and degenerative disc disease are related to his active service, resolving reasonable doubt in favor of the Veteran.

Throughout the rating period on appeal, the Veteran's service-connected cervical and lumbosacral spine disabilities have not met the criteria for a higher evaluation under applicable diagnostic codes.

The Veteran's service-connected recurring sinusitis was granted an initial compensable rating of 30 percent since May 15, 2015. The Veteran's service-connected lumbar spine disability has been rated as 10 percent disabling throughout the appeal period.

The Veteran's appeal has been withdrawn due to the Veteran's request for withdrawal prior to a decision being made.

The Veteran's unauthorized medical expenses for treatment from July 17 to July 20, 2012 are granted as the emergency continued through his discharge and VA facilities were not feasibly available.

The Veteran's PTSD was granted a 70% rating, effective from May 28, 2013. The issue of service connection for a back disorder has been withdrawn by the Veteran. The TDIU claim remains pending.

The Board has granted service connection for bilateral upper extremities frostbite residuals, including hand disability (cubital tunnel syndrome and ulnar neuritis), but denied service connection for a back disability. The Veteran's bilateral lower extremities frostbite residuals are also granted.,Service connection is established for bilateral upper extremities frostbite residuals due to exposure to cold during active duty at Fort Drum in the early 1980s, which resulted in cubital tunnel syndrome and ulnar neuritis of the hands. Service connection is also established for bilateral lower extremities frostbite residuals due to cold exposure during service.

The Veteran's claims for increased evaluations for his service-connected degenerative disc disease of the lumbar spine, right lower extremity sciatic nerve radiculopathy, and left lower extremity sciatic nerve radiculopathy have been denied as there is no evidence of moderate incomplete paralysis of the sciatic nerves to warrant 20 percent ratings.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The Veteran does not have unfavorable ankylosis of the thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks in any 12-month period.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and conducting a medical examination. The issues of service connection for peripheral neuropathy of the feet and low back disability are inextricably intertwined with this issue.

The Veteran's claim for increased ratings for his low back condition was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent prior to July 29, 2015 and did not meet the criteria for a rating in excess of 40 percent beyond that date.