Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's kidney stones, bilateral knee disability, neck disability, and low back disability are not service-connected as they do not have a direct link to his military service.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are service-connected, with the weight of evidence being at least in relative equipoise for both conditions.

The Board has remanded the case for additional development due to deficiencies in the record and outstanding VA clinical records.

The Board has determined that the Veteran's service-connected disabilities, alone, preclude him from securing and following substantially gainful employment for which his education and occupational experience would otherwise qualify.

The Board has determined that the Veteran's low back disability did not manifest in service and is not etiologically related to service or a service-connected condition. Therefore, service connection for this disability is denied.

The Board has found that the Veteran's service-connected pes planus caused his current arthritis in his ankles, knees, right hip, and low back. The neck disability is not considered secondary to the service-connected pes planus.

The case is being remanded for additional evidentiary development, including obtaining new VA examinations and completing the necessary review of the Veteran's claims file.

The Board finds that the Veteran's current back disorder is not causally or etiologically related to any disease, injury, or incident during service. The STRs do not show a chronic condition in service and arthritis did not manifest within one year of discharge.

The Veteran's appeal is remanded for further development, including obtaining treatment records and medical opinions regarding his heart disorder and low back disability.

The Veteran's appeal is being remanded to obtain additional VA examinations and treatment records, and to address the issues of service connection for chronic low back pain, bilateral pes planus, GERD, and left shoulder scars.

The Board has remanded the Veteran's claims due to additional relevant evidence submitted since the December 2012 Statement of the Case. The case will be adjudicated again by the RO.

The Board finds that the Veteran's current degenerative disc and joint disease of the lumbosacral spine is related to his service, resolving all reasonable doubt in favor of the Veteran.

The Veteran does not have a bilateral hearing loss disability of sufficient severity to constitute a disability for VA compensation purposes. The Board finds that the evidence does not support the claim for service connection and there is no doubt to be resolved.

The Veteran's erectile dysfunction is not found to be related to his service-connected hypertension.,The Veteran's hypertension does not meet the criteria for a compensable rating.

The Veteran's claim for a higher rating for PTSD prior to February 20, 2014, and for a rating in excess of 70 percent thereafter was granted. The Veteran's claim for service connection for a low back disability was denied.

The Board found no evidence of a back disability in service and denied the Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151.

The Veteran's lumbar spine disability is characterized by pain, with forward flexion of the thoracolumbar spine greater than 60 degrees and a combined range of motion greater than 120 degrees. The Board has determined that this does not meet the criteria for an initial disability rating in excess of 10 percent.

The Veteran's service-connected disabilities have been rated according to the criteria set forth in the VA Schedule for Rating Disabilities. The hypertension has been assigned a 10 percent rating, and the right and left ankle disabilities have each been assigned a 20 percent rating. The PTSD and MDD have been assigned a 30 percent rating effective July 28, 2015.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected lumbosacral strain. The case will be readjudicated based on all evidence and legal authority.

The Veteran's claim for TDIU is granted as he is unable to secure and maintain substantially gainful employment due to his service-connected disabilities.