Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities render him unable to engage and maintain substantially gainful employment, warranting a TDIU.

The Veteran's claim for service connection for a low back condition was reopened and granted. Service connection for sleep apnea, secondary to PTSD, is also granted. The Veteran's left shoulder disability is rated at 20 percent.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional development, including obtaining missing VA treatment records and scheduling a new VA examination.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his cervical and thoracolumbar spine disabilities. The claims will be readjudicated after this additional development.

The Veteran's back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right knee disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and readjudicating the claims on appeal.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective date of the decision is not specified.

The Veteran's PTSD is rated at 70 percent, effective April 29, 2009. Service connection for a low back disorder has not been established due to lack of evidence linking the current condition to service. The issue of TDIU was not addressed as it was not certified for appeal.

The Veteran's low back disability, including low back strain, is found to be service-connected. The Board also granted service connection for right and left lower extremity radiculopathy based on the evidence of record.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's lumbar spine disorder, bilateral knee disorders, neurological disorder of the lower extremities (cramps, numbness, radiculopathy), and cervical spine disorder are secondary to his service-connected right ankle disability. Service connection for these conditions has been granted.

The Board has determined that the Veteran's stroke is not etiologically related to his active service or service-connected disabilities. The claim for secondary service connection for a stroke remains denied.

The Board has determined that the Veteran's service-connected bilateral knee disorder contributed to or aggravated his obesity, which in turn contributed to or aggravated his low back and bilateral hip disorders. Therefore, the claims for service connection are granted.

The Veteran's appeal was withdrawn with respect to tinea pedis. The Board found that the evidence is at least in equipoise as to whether the low back disability is related to service, and granted service connection for degenerative changes of the lumbosacral spine.

The Veteran's hypertension, tinnitus, and right ear hearing loss have been rated appropriately. The claim for service connection for left ear hearing loss is granted as there are no degenerative changes of the spine within one year of separation from service. No other claims were decided.

The Board has determined that the Veteran's claimed left hip, left leg, right leg, and back disorders are not shown to be causally or etiologically related to any disease, injury, or incident during service. As such, these claims for service connection have been denied.

The Board denied the Veteran's claim for an earlier effective date for service connection of degenerative arthritis of the lumbar spine, finding that there were no communications prior to July 7, 2009 indicating a claim for this condition.

The Board has determined that the Veteran's low back and bilateral knee disabilities were not incurred in or aggravated by service.,Service connection was denied for both conditions as there is no evidence of a chronic disability present during service, and no current disability due to service.

The Veteran's claim for an initial disability rating in excess of 10 percent for his back disability prior to May 23, 2016, and a rating in excess of 20 percent thereafter was denied. The current evaluation is 20 percent.

The Veteran's tinnitus claim is granted, and his bilateral hearing loss claim remains denied. The low back disability issue has been remanded for further examination. Service connection is established for tinnitus due to in-service noise exposure. Other claims remain pending.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine disability is denied. The appeal seeking an earlier effective date prior to December 4, 2003 for the award of a 20 percent evaluation for his service-connected lumbar spine disability is dismissed.