Back / lumbar spine decisions — 2017

The VA examiner found that the Veteran's upper back pain is less likely caused by his service-connected residuals of rhizotomy, attributing it more to aging and strain from employment.

The Veteran's claims for increased ratings for his low back and right knee disabilities are being remanded due to the need for additional development, including new VA examinations.

The Veteran's claims for an initial compensable rating prior to October 19, 2010 for bilateral hearing loss and service connection for an upper back disability were denied. The December 2016 reduction in the rating for hearing loss was found to be void ab initio.

The Veteran's appeal is being remanded for additional development regarding his claims of service connection and increased ratings.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a right shoulder disability. The Veteran's low back, bilateral hip, and left knee disabilities are being remanded for additional examination and opinion regarding their relationship to his service-connected right knee disability.

The Board has found that additional development is required before the claims on appeal are decided, including a VA examination to determine the nature and etiology of the Veteran's low back disability. The issues of entitlement to service connection for bilateral hip, knee, and ankle disabilities remain inextricably intertwined with the issue of entitlement to service connection for a low back disability.

The Board has determined that the Veteran's current diagnoses of right hip, right knee, left knee, and lumbar spine disabilities are not related to his period of active duty for training (ACDUTRA) in 1968. The preponderance of evidence does not support a finding that these conditions were incurred or aggravated during service.

The Board has determined that the Veteran's low back disability, including a lumbar spine strain with degenerative changes, is not related to his service and therefore denied his claim for service connection.

The Veteran's right ear hearing loss disability was not found to be incurred in or aggravated during service. The Board also denied the claim for lumbar spine disability due to lack of evidence showing a current disability.

The Veteran's claims for service connection for cervical and lumbar spine disorders, as well as hypertension secondary to PTSD, are being remanded due to the need for additional examinations to address their etiology.

The Board has determined that the Veteran's claims for increased ratings for his low back and left knee disabilities are denied as there is no factual basis to grant these claims prior to March 14, 2011.

The Board has determined that the Veteran's multilevel mild degenerative disc disease of the lumbar spine is etiologically related to his service, including a combat injury during active duty.

The Veteran's combined rating for service-connected disabilities is 80 percent, which meets the schedular requirements for a TDIU. The Board finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities and grants a TDIU.

The Veteran's arthritis of the lumbar spine has been rated at 40 percent, effective January 26, 2012. The rating is based on limitation of motion and does not include IVDS or radiculopathy.

The Veteran's tinnitus and bilateral hearing loss are found to be related to his military service. The Board also finds that the Veteran has a current diagnosis of peripheral neuropathy due to cold injury in service, which is considered as part of the same claim.

The Veteran's appeal is being remanded for additional development and consideration of his claims, including the submission of new evidence.

The Board finds that the Veteran's low back disability is at least as likely as not caused by or aggravated by his service-connected right knee disability, and grants service connection for this condition on a secondary basis.

The Veteran's claims for service connection were denied. The Board found that the primary choroidal melanoma of the left eye, status post removal of the left eye is etiologically related to active service and granted service connection. However, cervical spine DDD was not related to military service. For lumbar DDD, prior to December 31, 2013, a noncompensable rating was assigned; from December 31, 2013, the disability warranted a 10 percent rating.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine and residuals of fracture of C6 are related to his service, granting him service connection for these conditions.

The Board has remanded the Veteran's claims due to the need for additional development and examination.