Back / lumbar spine decisions — 2018

The Veteran's tinnitus and bilateral hearing loss are presumed to be related to in-service noise exposure, while his residuals of abdominal aneurysm repair surgery caused additional disability not reasonably foreseeable.

The Board has determined that the Veteran's current degenerative disc disease and arthritis of the lumbar spine is related to his military service, resolving reasonable doubt in favor of the Veteran.

The Board has granted a 40 percent rating for the orthopedic manifestations of the Veteran's low back disability, effective March 4, 2016. The Board also found that the Veteran is entitled to a 10 percent rating for left lower extremity radiculopathy from January 12, 2014 through September 7, 2016, and an increased rating of 20 percent thereafter.

The Board has denied the Veteran's claims for service connection for a back disorder and a leg disorder. The claim for service connection for an acquired psychiatric disorder (including PTSD) is addressed in the REMAND portion of the decision.

The Veteran's psychiatric disability is rated at 70 percent, the maximum rating available under Diagnostic Code 9413. The other conditions have not been granted service connection.

The Veteran's lumbar spine strain is rated at 40 percent, and his left ankle degenerative joint disease and tendonitis are rated at 20 percent. The temporary total rating for the right knee disability from April 29, 2014 to June 30, 2014 remains in effect. The Veteran's TDIU claim is denied.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to assess the current severity of his lumbar spine disability.

The Board has remanded the claims due to the need for additional development, including obtaining outstanding medical records and providing a new VA opinion on the etiology of the Veteran's lumbar spine, cervical spine, and headaches disabilities.

The Veteran withdrew his appeals on all issues related to right knee strain, low back disorder, and hypertension.

The Board has determined that the Veteran's low back disorder is related to his active service and has granted service connection for this condition.

The Veteran's claim for a separate compensable disability rating for a bladder impairment associated with his previously service-connected back condition is denied. The Veteran meets the schedular criteria for TDIU based on his service-connected back and acquired psychiatric disorders.

The Board finds that the Veteran's lumbosacral spine degenerative disease is not related to service, and his claims for tremors and excessive sweating are denied as they are not linked to service. The claim for chest pain has been reopened but remains denied.

The Board found that the Veteran's current back disability did not begin in service or is otherwise related to a service-connected condition, and thus denied his claim for service connection.

The Veteran's service connection claims for back disability, eye disability, cervical spine disability and right ankle disability were denied. The claim for headaches was granted as secondary to his service-connected PTSD. His gastritis is currently rated at 10 percent.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective from the date of this decision.

The Veteran's service-connected disabilities do not render him unemployable or unable to secure and follow a substantially gainful occupation.

The Board has determined that the Veteran's current back disability did not have its onset during active service and was not caused by active service, thus denying his claim for service connection.

The Veteran's thoracolumbar degenerative disc/joint disease is currently rated at 40 percent, which reflects the limitation of motion to 30 degrees or less. The current rating adequately represents any functional impairment attributable to the disability.

The Veteran's service-connected conditions do not render her unable to secure and follow substantially gainful employment.

The Veteran's service-connected disabilities have resulted in a need for regular aid and attendance, warranting special monthly compensation. Additionally, the Veteran meets criteria for financial assistance to purchase an automobile with necessary adaptive equipment due to his service-connected right foot disability.