Back / lumbar spine decisions — 2018

Service connection granted for tinnitus, hemorrhoids, headache disability, and allergic rhinitis.,Service connection denied for cervical spine disorder and thoracolumbar spine disorder.

The Board has remanded the claims for service connection due to insufficient evidence and inextricably intertwined issues. The Veteran's lumbar spine, cervical spine, left shoulder disabilities, and headaches are being reviewed again.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's initial claim for a higher rating for his lumbar spine disability was denied as the evidence did not show that he had forward flexion of the thoracolumbar spine less than 30 degrees or ankylosis.,The Veteran's initial claim for a higher rating for his right and left lower extremity radiculopathy was denied as there is no objective medical evidence showing symptoms approximating moderate incomplete paralysis.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, verifying service incidents, and scheduling a VA medical examination to determine if any current back condition, respiratory condition, or skin condition are related to active military service.

The Veteran is granted service connection for a back disorder, diagnosed as spondylosis and a lumbosacral strain. The appeal regarding increased evaluations for patellofemoral pain syndrome of the left knee and migraine headaches is dismissed.

The Veteran's diabetes mellitus is rated at the highest possible level of 40 percent, effective as of the date of this decision.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including a new examination regarding his upper back condition and VA examinations for his bilateral knee disabilities and benign prostatic hypertrophy.

The Veteran's claim for an initial disability rating in excess of 10 percent for a lumbar spine disability is being remanded due to the need for additional evidence and a current VA examination.

The Veteran's lumbar spine disability is rated at 40 percent, right leg radiculopathy and left leg radiculopathy are each rated at 10 percent. The Board denied the Veteran's claims for increased ratings and TDIU.

The Veteran's claim for an increased rating for chronic lumbosacral strain has been granted, with a 20 percent disability rating effective July 17, 2017.

The Veteran's lumbar spine disability and associated right lower extremity radiculopathy were found to meet the criteria for a 20 percent rating prior to October 7, 2016.

The Veteran's TDIU claim has been granted as of December 23, 2009. The Board also dismissed all other claims due to the Veteran's withdrawal during his February 2018 hearing.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's low back disability, right femoral hernia, and bilateral hearing loss. The case is therefore REMANDED for these purposes.

The Veteran's chronic lumbosacral strain and tinnitus were both found to have been incurred during his military service.

The Veteran's claim for a higher initial evaluation for his lumbar spine disability was denied. The Board also determined that the Veteran is not entitled to an effective date prior to September 20, 2010, for the grant of service connection for a lumbosacral strain with anterolisthesis.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and his psychiatric symptoms do not meet the criteria for service connection. The back disorder was also not shown in service or for many years thereafter, and is not otherwise related to active duty service.

The Veteran is found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, which include prostate cancer, Parkinson's disease, and various neurological and musculoskeletal conditions.

The Board has determined that additional development is needed to determine if the Veteran's right knee, left knee, bilateral hip and low back disabilities are related to service. The case will be remanded for a VA examination.

The Board has denied the Veteran's claims for service connection due to lack of new and material evidence. The Veteran's claims were previously denied in April 2005, October 2009, and August 1976, respectively, and no new or material evidence was submitted within one year of these decisions.