Back / lumbar spine decisions — 2017

The Veteran's claims for increased evaluations of his back disability and right shoulder tendonitis are being remanded due to the need for additional examinations that comply with VA regulations.

The Board has denied the Veteran's claims for service connection for a back disability, neck disability, and acquired psychiatric disorder due to lack of evidence linking these conditions to his military service.

The Veteran's low back disability was rated at 20 percent prior to November 4, 2015 and at 40 percent thereafter. The hearing loss rating remains noncompensable (0%). The allergic rhinitis is also noncompensable.,A compensable rating for bilateral hearing loss and allergic rhinitis was denied.

The Veteran's seizure disorder is rated at 40 percent prior to July 6, 2012; 60 percent from July 6, 2012, to January 1, 2014; and 80 percent thereafter. The Veteran also meets the criteria for a TDIU since January 24, 2013.

The Veteran's claims for service connection for right ear hearing loss, tinea pedis (foot fungus), cervical degenerative disc disease, a back condition, and hand fungus have all been denied. The Veteran does not meet the threshold criteria for a current disability in any of these conditions as per VA regulations.

The Veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 60 percent, effective from August 28, 2009. The radiculopathy of the left and right lower extremities are also rated at 10 percent each.

The Board has granted service connection for PTSD and lumbar spine disability, finding that the Veteran's current conditions are related to his military service. Service connection was denied for bilateral leg disability.

The Veteran's cervical spine disability is rated at 20 percent, effective February 12, 2013. The Board finds that the evidence supports a higher rating based on limitation of motion but not ankylosis.

The Veteran's service-connected thoracolumbar strain with thoracic kyphosis and arthritis, status post L5-Sl fusion, was found to not meet the criteria for a higher evaluation than 40 percent.

The Board has remanded the case due to issues with medical opinions and outstanding records. The Veteran's service connection claims for various disabilities are being reviewed.

The Veteran's service-connected thoracolumbar spine disability is rated at 40 percent, effective August 20, 2015. The Board finds that the evidence is in favor of a higher rating for this condition.

The Veteran's appeal for an initial rating in excess of 20 percent for right shoulder impingement has been withdrawn. The claims for compensable initial ratings for lumbar degenerative disc disease, right knee strain, and pseudofolliculitis barbae are being remanded for further development.

The Veteran's right foot disability, characterized by pes planus and hallux valgus, is rated at 20 percent under DC 5284 for other foot injuries. The rating reflects the moderate severity of his condition.

The Board has decided to remand the case for an addendum medical opinion regarding whether the Veteran's neck disability is secondary to his service-connected lower back disability, and if so, whether it is aggravated by that condition.

The Veteran's service-connected disabilities do not cause the need for aid and attendance of another person, as he is able to dress himself, feed himself, attend to his wants of nature, and ambulate.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability. The Veteran's degenerative changes and lordosis of the lumbar spine are found to be related to his in-service injury, raising reasonable doubt in favor of the Veteran. Service connection is granted for bilateral hearing loss and tinnitus due to exposure to loud noise during military service.

The Veteran's claim for an effective date earlier than May 31, 2011 for the grant of service connection for a back disability is denied. The effective date was assigned as of the date his request to reopen the claim was received in May 2011.

The Board has denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine, bilateral shoulder pain, and severe headaches. The evidence does not support a finding that these conditions are related to service.

The Veteran's bilateral hearing loss and tinnitus are related to service, while his lower back disorder, left knee disorder, and acquired psychiatric disorders are not.

The Veteran withdrew the appeal for all issues related to right knee, lumbar spine, residuals of right wrist fracture, and left knee disabilities.