Back / lumbar spine decisions — 2017

The Board has granted service connection for tinnitus but denied the Veteran's claim for an increased rating for his degenerative disc disease and degenerative joint disease of the thoracolumbar spine.

The Board has granted service connection for a lumbar spine disability and finds that the Veteran's current lumbar spine disability is attributable to his military service. The issue of an initial rating in excess of 10 percent for internal derangement, tendonitis, and strain of the right shoulder remains pending.

The Veteran's skin disability was granted a 60 percent rating effective April 23, 2013. His lumbar spine disability did not meet the criteria for an increased rating.

The Veteran's service-connected lumbar disc disease and associated right lower extremity radiculopathy are not rated higher than the current assigned disability ratings.

The Board has remanded the case for additional development due to incomplete medical opinions and inextricably intertwined issues of service connection.

The Veteran's lower back disability is currently rated at 60 percent effective November 6, 2012. He also receives a TDIU from November 1, 2011.

The Veteran's appeal is being remanded for additional development, including obtaining her service treatment records and verifying her periods of active duty, National Guard, and Reserve service.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal prior to a decision being made.

The Veteran's appeal for service connection for cervical DDD with upper extremity radiculopathy has been withdrawn and is dismissed. The issues of new and material evidence for entitlement to service connection for right and left shoulder conditions have not been withdrawn.

The Board has determined that the Veteran's current lumbar spine disabilities, including degenerative disc disease and arthritis, are not related to his military service. The evidence does not support a finding of in-service injury or chronicity of symptoms.

The Veteran's PTSD is currently rated at 50 percent, effective June 15, 2010. The RO denied service connection for a bilateral shoulder disorder and sleep apnea in the May 2011 rating decision. Service connection was granted for these conditions in subsequent decisions.

The Veteran's appeals for service connection for an eye disability, dizziness, headaches, a back disability, and a right hip disability have been dismissed as the Veteran withdrew his appeal of these issues at his August 2017 Board hearing.

The case is being remanded for additional development to obtain service treatment records, personnel records, and medical opinions regarding the Veteran's low back disorder and bilateral hearing loss. The TDIU claim will also be deferred until these issues are resolved.

The Board has determined that additional development is needed before the Veteran's claim on appeal can be decided, and has therefore remanded the case for further action.

The Board has granted a TDIU effective May 10, 2012, based on the Veteran's service-connected disabilities. The Veteran is unable to secure and follow substantially gainful employment due to his PTSD and musculoskeletal disabilities.

The Board has determined that new and material evidence has been submitted to reopen the previously denied claim of service connection for a lumbar spine disability. The Veteran's lumbar spine disability is now considered service-connected.

The Board has remanded the case for additional development due to lack of VA examinations and outstanding records.

The Board has determined that the Veteran's current thoracolumbar spine disability is not related to his military service, and he was granted service connection for two left foot scars. However, there is no evidence of a left foot / ankle condition other than scarring.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine is rated at 50 percent since June 12, 2012. The appeal for higher ratings prior to that date is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, preparing an addendum opinion from the October 2016 VA examiner, scheduling a VA examination to determine the nature and etiology of his psychiatric disorder, and scheduling a VA examination to determine the current nature and severity of his right knee ACL tear.