Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his back disability, acquired psychiatric disorder, and hepatitis B and C. The issue of entitlement to TDIU will be deferred until the increased rating claim for hepatitis B and C is adjudicated.

The Board has granted a 30 percent disability rating for the Veteran's cervical spine disability, effective from the date of the decision. The Veteran's olecranon bursitis, left elbow, is no longer on appeal as he withdrew his request for an increased rating.

The Veteran's degenerative disc disease of the mid to lower cervical spine is related to an in-service neck injury, and therefore service connection is granted.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and back disability. The decision found that there was no causal link between these conditions and military service.

The Veteran's service-connected low back disability did not prevent him from obtaining and maintaining substantially gainful employment prior to June 15, 2012.

The Board has determined that the Veteran does not have a current diagnosis of tailbone or cyst scar residuals, and his low back and neck disabilities are service-connected. However, the claim for headaches remains pending as there is insufficient evidence to establish a nexus between the disability and service.

The Veteran's thoracolumbar spine disability has been rated at 40 percent since September 18, 2017.

The Board has remanded the case for additional development, including obtaining VA examinations and updating treatment records.

The Veteran's right carpal tunnel syndrome was granted a higher rating of 30 percent effective August 20, 2016. The other issues remain in appellate status.

The Veteran's lower back disability was rated at 20 percent prior to August 27, 2010 and at 40 percent thereafter. The Board found no evidence of ankylosis or incapacitating episodes warranting higher ratings.

The Veteran's low back disability has been rated as 10 percent disabling since April 2010, reflecting the severity of his symptoms and limitation of motion.

The Veteran's acquired psychiatric disorder, variously diagnosed as PTSD and depressive disorder, is found to be related to in-service stressors. The lung disorder claim is denied due to lack of evidence linking it to service exposure. Service connection for the remaining conditions is granted.

The Board has determined that new and material evidence was submitted to reopen the Veteran's claim of service connection for a low back disability. However, the Board found insufficient medical evidence to establish a direct or secondary relationship between the Veteran's current low back disability and his military service or service-connected left knee disability.

The Veteran withdrew his appeals regarding the issues of entitlement to an initial, compensable disability rating for a right knee scar; entitlement to service connection for residuals, status post right partial Achilles tear; and entitlement to service connection for residuals of bilateral eye injuries.

The Veteran's back disability was found to be incurred during active service, and the left shoulder disability is related to service. The initial increased rating for bilateral hearing loss remains denied.

The Veteran's lumbar spine disability was granted an initial compensable rating of 10 percent between May 12, 2004 and November 2, 2010.

The Veteran's appeal for an initial compensable disability rating for status post left fourth finger fracture with open reduction internal fixation has been withdrawn. The remaining issues of increased ratings for back, neck, cubital tunnel syndrome, hypertension, and migraine headaches are remanded.

The Veteran's spondylolisthesis and degenerative disc disease were found to have improved, warranting a restoration of the 40% disability rating for these conditions.

The Veteran's appeal for service connection for a left varicocele has been withdrawn. The Board finds in favor of the Veteran on his claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not that the condition had its onset during active duty.

The Board has denied the Veteran's claims for service connection for bilateral hip DJD and lumbosacral spine DJD, finding that there is no evidence linking these conditions to his active duty service. The claim for TDIU remains pending as it is inextricably intertwined with the issue of service connection.