Back / lumbar spine decisions — 2017

The Board has determined that the Veteran does not have current disabilities involving his hips, knees, ankles, feet or back. The arthritis of multiple joints is not service connected as it did not manifest within one year after separation from service and there is no evidence linking it to service. The bilateral hip disorder, right knee disorder, bilateral ankle disorder, and back disorder are also not service-connected.

The Board has determined that the Veteran's prostate cancer is not related to his military service, and thus denied the claim. The remaining claims for bilateral hearing loss, tinnitus, back disorder, and right leg disorder are remanded due to incomplete medical records.

The Veteran's claims for service connection and increased evaluations have been denied. The Board found no evidence of a current disability related to bilateral hearing loss, and the Veteran does not meet the criteria for a current diagnosis under VA regulations.

The Veteran's appeal is remanded due to the need for additional medical records and a new VA examination to assess his back disability.

The Board has reopened the claims for service connection for Personality Disorder and Low Back Disability, finding new and material evidence. Service connection is granted for both conditions.

The Board has granted service connection for the Veteran's cervical disorder. The claims for low back, bilateral hip, and bilateral leg disorders are being remanded for further development.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of claim. The Veteran's psoriasis is rated at 60 percent, effective from June 19, 2012.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for low back disability, characterized as a low back strain with nerve damage. The Veteran's testimony and VA examination provided sufficient evidence to support reopening of the claim.

The Board has determined that the Veteran's claim for an increased rating for his back disorder is denied as there is no evidence of a prior effective date prior to January 15, 2003.

The Board has remanded the case due to incomplete records and need for further examination regarding heart disability and back disability.

The Veteran's claims for service connection for lumbar and cervical spine disabilities are being remanded due to the need for additional medical opinions.

The Veteran has withdrawn her appeals regarding the evaluations for her service-connected lumbar laminectomy prior to and after August 10, 2016. As a result, these issues are dismissed.

The Board has remanded the case due to the need for additional VA treatment records related to the Veteran's back disability, including any records from 1976 to the present. The claim will be readjudicated after all relevant evidence is obtained.

The Veteran's claim for a higher rating for his lumbar spine degeneration was denied. The claims for increased ratings for right and left lower extremity radiculopathy were granted, with the right leg receiving a 20 percent rating effective September 5, 2012, and the left leg receiving a separate 10 percent rating from November 1, 2016. A TDIU was also granted as of November 1, 2016.

The Veteran's claim for service connection for tinnitus has been granted. The Board finds that the evidence is in equipoise as to whether his acquired psychiatric disability, specifically depressive disorder, is related to his service-connected disabilities.

The Veteran withdrew his appeals on the issues of entitlement to a disability rating in excess of 20 percent for diabetes mellitus; entitlement to a disability rating in excess of 10 percent for osteoarthritis of the right knee; entitlement to a disability rating in excess of 10 percent for right knee instability; entitlement to a disability rating in excess of 10 percent for osteoarthritis of the lumbar spine prior to December 20, 2016 and in excess of 20 percent thereafter; and entitlement to a compensable rating for erectile dysfunction.

The Board denied the Veteran's claims for service connection for a back disability, groin disability, acquired psychiatric disability (including PTSD and depression), and respiratory disability (COPD). The Board found that there was no evidence linking these conditions to service.

The Board has determined that a new VA examination is needed to assess the current nature and etiology of the Veteran's claimed back disability. The claim will be remanded for this purpose.

The Board found that the Veteran's current left knee and low back disabilities are not related to service, as there were no chronic symptoms during or within one year after service. The evidence does not support a finding of continuity of symptomatology since service.

The Board has granted service connection for an acquired psychiatric disorder, but denied service connection for hypertension, heart disorder, sleep apnea, back disorder, diabetes, and hypogonadism all as the result of exposure to radar.