Back / lumbar spine decisions — 2017

The Board has granted service connection for a low back disability and found that the Veteran's current low back condition is related to his active military service. The case of an increased rating for bilateral flat feet remains pending, as does the issue of entitlement to TDIU.

The Board has remanded the case for further development due to incomplete records and an inadequate VA examination. The Veteran's claim of service connection for a low back disability is currently before the Board.

The Board has determined that the Veteran's low back disability did not have its onset in service and is not related to service. The claim for service connection is denied.

The Board found that the Veteran's back disorder is not related to service and denied his claim for increased rating of bilateral hearing loss. The evidence did not support a higher disability rating than 40 percent.

The Veteran's current back disability is found to be due to an in-service injury, and service connection for this condition is granted.

The Board has remanded the appeal for additional development, including scheduling a VA examination to determine the etiology of the Veteran's acquired psychiatric disorder and service connection claims.

The Veteran's claim for a higher rating for his lumbar sacral strain with levoscoliosis was denied as the evidence did not show that forward flexion of the thoracolumbar spine was limited to 60 degrees or less, or that there were combined range of motion limitations of 120 degrees or less. The Veteran's hearing loss disability claim was also denied as there is no evidence of a current bilateral hearing loss disability for VA compensation purposes.,The Veteran's lumbar sacral strain with levoscoliosis does not meet the criteria for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's hearing loss disability claim was denied as there is no evidence of a current bilateral hearing loss disability.

The Veteran's lumbar spine disability is rated at 40% effective November 14, 2014. His neuropathy of the right and left lower extremities are each rated at 20%. The ratings were granted as they meet the criteria for these disabilities under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.,The Veteran is seeking service connection for his refractive error, blepharitis, bilateral cataracts, tinea, and chronic lumbosacral strain. The Board finds that further development is necessary before a decision can be made on these claims.,Service connection for mild venous valvular insufficiency is also at issue. The Veteran seeks service connection based on his diabetes mellitus, type II.,The Veteran's claim for tinea is related to his military service and the Board finds that further examination is necessary to determine if it was aggravated by his diabetes mellitus, type II.,Service connection for chronic lumbosacral strain with herniated nucleus pulposus is also at issue. The Veteran seeks service connection based on his military service.

The Board has determined that the Veteran does not have a hearing loss disability of the left ear as defined by VA regulations and therefore, service connection for this condition is denied.

The case is being remanded for additional development, including obtaining SSA records and arranging for VA examinations to determine the nature and etiology of any diagnosed low back disorder, right knee disorder, left knee disorder, and acquired psychiatric disorder.

The Veteran's bilateral tinnitus is service-connected due to noise exposure in service.,Sarcoidosis was diagnosed in service and the Veteran continues to experience symptoms, warranting service connection on a presumptive basis.

The Veteran's facial scar, middle front torso scar, low back torso scar, and right upper extremity scar have been rated at 10 percent disabling since November 19, 2009.

The Veteran withdrew his appeal for an increased rating of his back disability, so the case is dismissed.

The Board has determined that the Veteran's claims for service connection for pseudofolliculitis barbae, lumbosacral strain, and gum disease have not been established. The claim for a compensable disability rating for onychomycosis prior to August 27, 2012, and an increased disability rating in excess of 10 percent thereafter has also been denied.

The Veteran's lumbar spine disability has been rated at 40 percent since December 2000. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes of back pain requiring bed rest prescribed by a physician.

The Veteran's low back disability is rated at 30 percent, effective from the date of claim.,The Veteran's radiculopathy of the right lower extremity associated with his lumbar spine disability is rated at 20 percent, effective from the date of claim.,The Veteran's radiculopathy of the left lower extremity associated with his lumbar spine disability is rated at 20 percent, effective from the date of claim.,The Veteran is found to be unemployable due to service-connected disabilities.

The Board finds that the Veteran has established current disability and in-service event or injury for his right shoulder arthritis and lumbar spine arthritis. However, there is no competent medical opinion evidence currently of record regarding the nexus between these conditions and his service. Therefore, a remand is required to obtain such an opinion.

The Veteran's claim for service connection for degenerative joint disease of the lumbar spine was denied as there is no evidence linking his current condition to military service. The Board found that the Veteran did not have a back disability during service and that any current degenerative joint disease is unrelated to service.,Service connection has been granted for gout, with the diagnosis dating back to active service in 2007.

The Board found that the Veteran's back disability does not warrant a rating in excess of 40 percent, as there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine.