Back / lumbar spine decisions — 2017

The Board has granted service connection for the cause of the Veteran's death due to his PTSD, which is considered a contributory cause of death. The issues regarding increased ratings and service connection for various disabilities are dismissed without prejudice.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of prior formal or informal claims filed before June 22, 2010.

The Board has determined that the Veteran's low back disability, left ear hearing loss, and tinnitus are related to service. The claims for these conditions have been granted.

The Veteran's claims for service connection for a low back disability and nerve pain in the feet, other than hallux valgus are being remanded due to the need for further development.

The Veteran's back disorder is not service-connected as it was pre-existing and not aggravated by service.,Bilateral hearing loss and tinnitus are not service-connected as they did not manifest within one year of separation from service.

The Board has reopened the claim of entitlement to service connection for a low back disability and granted it. The Veteran's right and left leg disabilities are secondary to his low back disability.

The Board has determined that the Veteran's lumbar spine disability is not service-connected, as there is no evidence of a current disability and it is more likely due to his own activities over time rather than any in-service injury or aggravation.

The Veteran's bilateral hearing loss disability was not incurred in service and is not otherwise due to service.,Prior to November 3, 2015, the Veteran's DJD of the lumbar spine did not meet the criteria for a rating in excess of 20 percent. As of November 3, 2015, his condition has not met the criteria for a rating in excess of 40 percent.

The Veteran's current diagnosis for hypertension is related to service, and the Board finds that service connection for hypertension is granted.

The Board has remanded the case for additional development, including obtaining SSA records and providing a VA medical addendum opinion regarding the etiology of the Veteran's back problem.

The Veteran's service-connected disabilities have met the schedular criteria for TDIU from March 25, 2005 to April 1, 2008 and since April 1, 2013. The Board has granted a TDIU based on these conditions.

The Board denied service connection for bilateral plantar fasciitis and denied entitlement to an initial compensable evaluation for tension headaches. The Veteran's TMJ was not found to meet the criteria for a compensable evaluation, but his cervical spine disability met the criteria for a 20 percent rating.

The Board has determined that the Veteran's back disorder is related to his military service and grants the claim for service connection.

The Veteran's service-connected degenerative disc disease of the cervical spine with limitation of motion was not manifested by forward flexion to 15 degrees or less, and no unfavorable ankylosis of the entire cervical spine. The Veteran is currently assigned a 20 percent disability rating prior to March 26, 2014, and between May 1, 2014 and September 15, 2016.

The Veteran's service-connected disabilities, including his back pain and PTSD, render him unable to secure or follow a substantially gainful occupation as of February 27, 2012.

The Board found no evidence of a chronic low back disability in service or for many years thereafter, and the preponderance of the competent, probative evidence weighs against a finding that any current disorder is etiologically related to any in-service injury.

The Veteran's appeal is being remanded again due to the need for additional development, including a VA examination of his service-connected lumbar spine disability.

The Veteran's service-connected disabilities require the factual need for the aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Veteran has withdrawn his appeal concerning the issues of entitlement to service connection for a low back disability, entitlement to service connection for a right hip disability, and entitlement to service connection for a shortened right leg.

The Board has determined that the Veteran's current low back disability, including DDD of the lumbar spine with facet joint arthritis, diffuse disc bulges, and foraminal stenosis, had its onset during service. Therefore, the claim for service connection is granted.