Back / lumbar spine decisions — 2018

The Board has granted service connection for a low back disability and radiculopathy of the left lower extremity, both determined to be related to service.,Secondary service connection is also granted for radiculopathy of the left lower extremity as it is found to be due to the Veteran's service-connected low back disability.

The Veteran's low back disorder, bilateral hearing loss, and tinnitus are all found to be service-connected. The low back disorder is linked to an injury sustained during a period of active duty for special work in April 1993. Bilateral hearing loss and tinnitus are believed to have developed during the Veteran's active service from May 1985 to June 1986.

The appeal to reopen a claim of service connection for low back disability is granted. The case is remanded for further development regarding the right knee disability.

The Veteran's left tendon tear was granted service connection, while the claims for bilateral shin splints, frostbite on hands and feet, bilateral knee disorder, and low back disorder were denied.

The Veteran's PTSD is granted as incurred in service.,Service connection for headaches, to include migraine headaches, is denied due to lack of evidence linking the condition to service.,Service connection for low back disorder is remanded.

The Veteran's claim for higher ratings for degenerative disc disease of the lumbar spine and bilateral hip disability was denied. The Veteran is already receiving a 40% rating for her degenerative disc disease, which precludes any increase in rating under the General Rating Formula for Diseases and Injuries of the Spine. For her bilateral hip disability, she is already receiving separate ratings for limitation of flexion (10%) and extension (20%).

The Veteran is granted service connection for left nephrectomy on a presumptive basis due to exposure to contaminants in the water at Camp Lejeune, and his low back disability is found to be related to an in-service injury.

The Veteran's prostate cancer has been rated at 100% since August 2012, and the Board finds he is entitled to a rating of 40% for his service-connected prostate cancer from February 21, 2015.,For his bilateral lower extremity sciatic nerve peripheral neuropathy, the Veteran's disability has been rated at 40%, effective since October 29, 2015. The Board finds that he is not entitled to a higher rating as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has determined that the Veteran's neck disability is not etiologically related to active service, as a chronic neck disability was not present in service and did not manifest to a compensable degree within one year of service discharge. The most probative evidence does not relate the Veteran's neck disability to his active service.

The Veteran's lumbar spine disorder, bilateral hearing loss disability, and tinnitus disability are granted. The recurring left wrist ganglion cyst is remanded for further evaluation.

The Board has granted entitlement to Total Disability based on Individual Unemployability (TDIU) and also granted eligibility for Dependency and Indemnity Compensation (DEA) benefits under Chapter 35, Title 38, United States Code. The TDIU is due to the Veteran's service-connected disabilities making him unable to secure or follow a substantially gainful occupation. DEA benefits are granted based on his unemployability.

The Veteran's cervical spine disability is granted an increased rating to 20 percent, effective from March 18, 2016. Service connection for cervicogenic headaches, secondary to the service-connected cervical spine disability, is also granted.

The Board has remanded several issues related to the Veteran's service connection claims, including for his right and left shoulder disabilities, lumbar spine disability, cervical spine disability, right knee disability, left knee disability, bilateral hand numbness (or carpal tunnel syndrome), and bilateral hand eczema. The remand requests that a new VA examination be scheduled for each of these conditions to provide opinions on whether they are related to service.

The Veteran's claims for service connection for back and cervical spine disabilities have been granted. The case is remanded to obtain additional medical evidence and to schedule the Veteran for a VA examination.

The Board has granted service connection for tinnitus but denied service connection for a low back condition.

The Veteran's claim for a higher disability rating for his service-connected degenerative disc disease of the lumbosacral spine is remanded due to insufficient evidence and need for updated VA examination.

The Board has determined that further development is necessary for the issues of increased disability ratings for low back pain with lumbar osteoarthritis and degenerative disc disease, sciatica, left lower extremity, and entitlement to a TDIU. The Veteran will be provided notification letters and asked to provide authorization for VA to obtain private medical records. He will also be scheduled for VA examinations.

The Board has decided to remand the Veteran's claim for a VA examination and further review due to insufficient medical opinions regarding her low back disorders, including whether any congenital defects or diseases are related to military service.

The Veteran's ratings for his lumbar spine, left knee, and left ankle disabilities are being remanded due to the need for updated VA examinations.

The Board has dismissed the appeals for increased ratings for lumbosacral strain, patellofemoral syndrome with bursitis and degenerative changes of the right knee, and recurrent sinusitis. The appeal for service connection for an acquired psychiatric disorder (PTSD) is remanded.