Back / lumbar spine decisions — 2018

The Veteran's service-connected psychiatric disability has been rated at 70 percent since September 12, 2016. The Veteran is found to be unemployable due to his service-connected disabilities.

The Board has denied the Veteran's claims for service connection for degenerative joint disease of the lumbar spine and residuals of a left ankle injury to include pain, finding no evidence of chronicity or continuity of symptoms since service.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining updated VA treatment records and scheduling a VA examination.

The Board has determined that the Veteran's bilateral shoulder condition, arthritis of the thoracolumbar spine with L5/S1 facet disease (low back disability), and osteoarthritis of the left hip are related to his military service. The claims for these conditions have been granted.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and a VA examination.

The Veteran withdrew his appeal of the claim seeking an increased rating for his service-connected lumbar spine disability.

The Veteran's appeal is being remanded for additional examinations and to obtain updated VA treatment records.

The Board finds that the evidence is in relative equipoise regarding the etiology of the Veteran's cervical spine disorder, and grants service connection for this disability.

The Board has determined that the Veteran's current lower back diagnoses, including multiple herniated discs and degenerative changes of the spine, are related to his service injury in April 1969. Service connection is granted for a low back disability.

The Veteran's claims for service connection for right ear hearing loss, left ear hearing loss, tinnitus, and lumbar spine disability are all denied. The Board found that the threshold criteria to establish entitlement to service connection were not met for right ear hearing loss due to lack of a current disability diagnosis.

The Veteran's service-connected cervical spine disability has been granted a 20 percent disability rating, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's service-connected shell fragment wound, dorsal lumbar area and iliac spine, muscle group XX with foreign bodies is rated at 60 percent, which meets the schedular requirement for TDIU.,The Veteran has a combined rating of 70 percent or more due to his service-connected disabilities.

The Veteran's service-connected impairment of the lumbar spine with DDD results in moderately severe sciatic nerve group impairment, manifested by numbness and pain in both lower extremities. The Board has granted a separate 40 percent rating for each radicular nerve group.

The Board has determined that the Veteran does not have a low back condition or bilateral leg condition that is related to service and therefore denied both claims.

The Veteran's low back disability, including multiple retained metal fragments and a history of low back pain and arthritis, is rated at 40 percent disabling since May 28, 1999. The Board also granted entitlement to TDIU.

The Board has determined that the Veteran's claimed conditions, including arthritis of the lumbar spine, hips, shoulders, and knees, as well as hypertension, were not incurred or aggravated by service. The evidence does not support a finding of continuity of symptomatology since service separation.

The Veteran's claim for service connection for a low back disability was denied. The Board found that the evidence did not support a finding of a relationship between his in-service injury and his current back condition.,Service-connected anxiety disorder, NOS, has been granted with an initial rating of 70% prior to January 14, 2017, and from January 14, 2017. The Veteran's claim for TDIU was also granted.

The Veteran's appeal of the claims for a separate rating for anxiety disorder, increased ratings for right hip and right knee disabilities, and service connection for bilateral hearing loss have been dismissed.,The Veteran's claim for service connection for tinnitus has been granted with an initial rating of 70 percent.

The Veteran's lumbar spine disability has been rated at 40 percent since June 1, 2011. The Board found that the condition worsened to a point where forward flexion was limited to 35 degrees or less, which meets the criteria for a 40 percent rating.

The Board has denied the Veteran's claims of service connection for low back condition, cervical spine condition, bilateral hip condition, bilateral knee condition, left upper extremity neuropathy, bilateral lower extremity neuropathy, and radiculopathy. The Board also found that a right ankle disability is not secondary to his service-connected left ankle disability.