Back / lumbar spine decisions — 2018

The Board has determined that the Veteran does not have a current diagnosis of left ear hearing loss disability for VA purposes or a cardiac disability, including coronary artery disease. Therefore, service connection is denied for these conditions.

The Board has ordered a remand due to the need for additional development of the record, including an examination and medical opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claims for tinnitus, IBS, and degenerative joint disease of the lumbar spine were all granted with effective dates of May 29, 2014. The claim for a higher rating for tinnitus was denied as there is no legal basis for an evaluation in excess of 10 percent under Diagnostic Code 6260. The claims for service connection for left shoulder disability and cervical spine disability were not addressed due to the remand instructions.

The Board has determined that the Veteran's back disorder is at least as likely as not due to his active service, and thus grants service connection for a back disorder. The issue of hypertension was also addressed but no specific rating or effective date was assigned.

The Board denied the Veteran's claims for service connection for a low back disability and an initial rating in excess of 30 percent for PTSD with mild depression. The claim for hypertension was reopened, but not granted. The claim for dermatitis/seborrheic dermatitis remains pending.

The Veteran's back disability has been rated at 40 percent since May 2, 2007 to March 28, 2014. The Board found that the current rating adequately reflects the severity of his symptoms and does not meet the criteria for a higher rating or extra-schedular consideration.

The Board has remanded the appeal for additional development due to issues related to service connection and a rating for lumbosacral strain, as well as a claim of entitlement to service connection for ruptured Achilles tendon.

The Board has remanded the Veteran's claims for additional development, including obtaining medical opinions regarding her hepatitis and liver disease, as well as her bilateral wrist, arm/elbow, and back disabilities. The TDIU claim is also being deferred until further adjudication of the other issues.

The Board has determined that the Veteran's post-operative lumbar spine injury residuals with degenerative arthritis originated during service and granted service connection for this condition. The issues of entitlement to service connection for a cervical spine disorder, left knee disorder, and an initial rating in excess of 50 percent for PTSD are addressed in the REMAND portion of the decision.

The Veteran's service connection claims for tinea versicolor, cold injury residuals of the hands, allergic rhinitis, sinusitis, anosmia, back disability, liver disability, chronic fatigue syndrome (as due to undiagnosed illness or other qualifying chronic disability), and diabetes mellitus, Type II were granted. The issues related to these conditions are now resolved.

The Veteran's lumbar spine disability resulted in moderate limitation of motion prior to November 6, 2009. Beginning from November 6, 2009, the disability more nearly approximated severe limitation of motion.

The Board has determined that the Veteran's cervical DDD is related to his service-connected TBI, and thus grants secondary service connection for this condition.

The Board has determined that the Veteran's claimed conditions do not meet the criteria for service connection based on evidence of record.

The Veteran's claims for increased ratings and special monthly compensation were denied. The Board found that the evidence did not meet the criteria for higher disability evaluations.

The Veteran's service-connected right knee disability is currently rated as 20 percent disabling effective June 14, 2017.,Prior to June 14, 2017, the Veteran's service-connected left knee disability was rated as 30 percent disabling.

The Veteran's initial claim for higher ratings for his lumbosacral strain with DDD and IVDS, as well as associated left and right lower extremity radiculopathies, was denied. The effective date of the increased rating for lumbosacral strain is November 3, 2016.,The Veteran's TDIU claim was also denied.

The Veteran's service-connected thoracolumbar spine disability has not been manifested by incapacitating episodes, forward flexion less than 60 degrees, combined range of motion less than 120 degrees, ankylosis, or abnormal gait or contour due to muscle spasm, guarding, or tenderness. As a result, the Veteran's claim for an initial rating in excess of 10 percent is denied.

The Board has remanded the case for additional development due to incomplete records and a need for another VA examination.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for PTSD and a low back disorder. The medical evidence does not establish a link between these conditions and her military service.

The Veteran's combined disability rating for service-connected conditions is 60%, which does not meet the schedular criteria for a TDIU. However, after considering all evidence of record and the policy that veterans who are unable to secure and follow substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled, the Board finds that the Veteran's service-connected conditions do not render him unemployable.