Back / lumbar spine decisions — 2018

The Veteran's claim for a higher rating for his lumbar degenerative disc disease was denied as the evidence did not show forward flexion limited to 30 degrees or less, nor unfavorable ankylosis of the entire thoracolumbar spine. The Board found that the Veteran’s symptomatology has been consistent throughout the period at issue.

The Board has remanded the Veteran's claims for low back disability and ischemic heart disease (IHD) due to incomplete evidence.,Service connection is denied for bilateral hearing loss and tinnitus.

The Board has remanded three issues related to service connection for low back disorder, ACL tear, and stress fractures of the legs due to missing service treatment records and need for new VA examinations.

The Veteran's PTSD was granted a 70% rating from July 3, 2008 to February 18, 2015. The lumbar spine disability received a 20% rating from October 14, 2010 to March 21, 2017.

The Veteran's appeal for PTSD was dismissed. The claim for reopening and service connection for cervical spine disability is granted, with a 40% rating effective from February 4, 2011. Service connection for other conditions (numbness in both hands, numbness in left fingers, numbness in right fingers, carpal tunnel syndrome of bilateral wrists, migraine headaches) was denied. The claim for service connection for Scheuermann's Kyphosis of Dorsolumbar Spine is granted with an effective date from February 4, 2011.

The Board has remanded the claims for service connection for low-back disorder, residuals of right-leg injury, and residuals of left-leg injury due to conflicting opinions on their etiology. A new VA examination is required.

The Veteran's service-connected disabilities do not render him incapable of securing and following a substantially gainful occupation.

The Veteran's service-connected spondylolisthesis of the lumbar spine has resulted in a separate rating of 10 percent for radiculopathy of the right lower extremity.

The Board has determined that the Veteran's claims for service connection are remanded due to the need for additional development and examination. The TDIU claim is also remanded.

The Board denied service connection for tinnitus and a rating in excess of 20 percent for degenerative disc disease (DDD) of the lumbar spine, finding that there was no evidence to support these claims.

The Veteran's hearing loss and tinnitus were not incurred or aggravated by service, as there is no evidence of these conditions during service or within one year after separation. The Board finds the Veteran's statements regarding the onset and continuity of symptoms to be inconsistent.,The Veteran's lower back and left hip disabilities are not considered to have been incurred in service due to a lack of continuity of symptomatology, as there is no evidence of these conditions during active duty or within one year after separation. The Board also finds that the Veteran did not seek treatment for his current right elbow disability until 2014.

The Board has granted the claim of service connection for a thoracolumbar condition, finding that there is an approximate balance of positive and negative evidence in favor of a causal relationship between the Veteran's current thoracolumbar disability and his military service.

The Board has remanded the case due to the need for a VA examination regarding the Veteran's low back disorder.

The Board has remanded the Veteran's claims of service connection for a back disability, bilateral knee disability, and right wrist disability due to inadequate medical opinions.

The Board has granted the Veteran's claims to reopen for service connection of left knee, right knee, thoracolumbar spine disabilities and acquired psychiatric disorder. The issues are remanded for further development.

The Board has denied service connection for hypertension, left hip disorder, right hip disorder, back disorder, and bilateral lower extremity sciatica as secondary to service-connected bilateral knee disabilities. The case is remanded for further development.

The Veteran's lumbar spine disability is rated at 40 percent prior to January 20, 2017 and 50 percent thereafter. The Veteran's hallux valgus of the left great toe and calluses of both feet are each rated at 20 percent.,PTSD with an alcohol use disorder and a substance use disorder is not rated higher than 70 percent.

The Board has determined that additional examinations are needed for the Veteran's left shoulder, low back, bilateral plantar fasciitis, sinusitis, and acquired psychiatric disability (PTSD) to determine their etiology. The right shoulder disability is also being remanded for an increased rating.

The Veteran's service-connected disabilities, including PTSD, osteoarthritis of the hips and knees, degenerative disc disease, and radiculopathy, have rendered her unable to work due to functional limitations. The Board finds that further examination is needed to assess these effects on employment.

The Board has granted service connection for degenerative arthritis of the lumbar spine with intervertebral disc syndrome and radiculopathy of the left lower extremity, effective from December 22, 2009. The effective dates are based on the date of receipt of the new claim or the date entitlement arose, whichever is later.