Back / lumbar spine decisions — 2018

The Veteran's post-operative coxa vara of the right hip is rated at 30 percent, which does not meet the criteria for a higher rating under VA regulations.,The Veteran's hepatitis C is currently rated at 10 percent and does not meet the criteria for a higher rating based on incapacitating episodes or daily fatigue.

The Veteran's claim for an initial evaluation in excess of 20 percent for intervertebral disc syndrome post surgical change L4-L5 disc space narrowing L5-S1 was denied as his disability has been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees and mild incomplete paralysis of the sciatic nerve.

The Board has determined that the Veteran's current back disorders did not have their onset during service or within one year of separation, and are not shown to be causally related to any disease, injury, or incident during service. As such, the claim for service connection is denied.

The Veteran's appeal is being remanded for further development, including a new VA spine examination and consideration of the TDIU issue.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not related to his military service, as there is no evidence of arthritis or degenerative changes within one year post-service. The VA examiner provided a negative nexus opinion.

The case is being remanded for further development, including a new examination to assess the current severity of the Veteran's right knee and low back disorders.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU rating on an extraschedular basis under 38 C.F.R. § 4.16(b) for any period on appeal.

The Veteran's degenerative disc disease of the cervical spine has not resulted in ankylosis or significant limitation of motion, warranting a rating no higher than 20 percent.

The Board has granted service connection for low back strain, left hip disability, and bilateral leg numbness. The Veteran's current obstructive sleep apnea is not related to his service-connected PTSD.,Obstructive sleep apnea was not diagnosed during service or linked to a service-connected condition.

The Veteran's back disability has been rated as 10 percent disabling since October 25, 2012. The Board found that the evidence showed significant improvement in his condition from August 31, 2017 onwards, warranting a higher rating.

The Veteran's diagnosed bilateral sensorineural hearing loss had its initial onset in service or is otherwise shown to be etiologically related to service. The Veteran's back disorder also has been found to have an onset during service.

The Board has remanded the case due to new evidence being added to the record, including VA treatment records and a recent VA examination. The Veteran's claim for an increased rating will be reconsidered based on all available evidence.

The Veteran's service-connected degenerative disc disease between L3 and S1 and osteoarthritis of the thoracic spine have worsened, but a VA examination is needed to determine the appropriate rating.

The Board denied service connection for a lumbar spine disorder and a neurological disorder of the bilateral lower extremities, finding that new evidence did not establish a chronic disability during military service or a relationship between service and current conditions.

The Veteran's service-connected disabilities, including coronary artery disease and posttraumatic stress disorder, have rendered him unable to use his lower extremities without the aid of braces, crutches, canes, or a wheelchair. The RO is directed to review the evidence and determine if he meets the criteria for specially adapted housing or a special home adaptation grant.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, has been reopened and granted. His malaria is rated at a compensable level (30%). The Veteran also has service-connected disabilities that preclude him from obtaining or maintaining substantially gainful employment.

The Board has reopened the Veteran's previously denied claims for service connection for cervical spine and lumbar spine disorders, but further development is needed before the merits of these claims can be addressed. The case will be remanded to obtain treatment records and an additional VA examination.

The Veteran's PTSD resulted in occupational and social impairment, with deficiencies in most areas, but did not result in total occupational and social impairment. The Veteran is granted a 70 percent rating for PTSD.

The Board found no evidence of a causal connection between the Veteran's current knee and lumbar spine conditions and his military service, thus denying service connection for these disabilities.

The Board has determined that the Veteran's current lumbar spine disability is less likely than not related to his 1978 complaints of low back pain during service, and thus denied the claim for service connection.