Back / lumbar spine decisions — 2018

The Veteran's current low back and left hip disabilities were not manifest in service or to a degree of 10 percent within one year of separation, and are unrelated to service. The preponderance of the evidence indicates that these disabilities were not caused by his service-connected left leg gunshot wound disability.

The Veteran's appeal has been dismissed as he requested withdrawal of the appeal.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim will be reconsidered after these actions.

The Veteran's left knee disability is rated at 10 percent and his low back disability is rated at 20 percent. The Board finds that neither condition warrants a higher rating.,There is no evidence of ankylosis, recurrent subluxation or lateral instability in the left knee, nor are there limitations of flexion or extension meeting separate ratings under DCs 5260 and 5261.

The Veteran's claims for service connection are mixed, with some issues granted and others not.,The appeal involves multiple conditions including low back/lumbar spine condition, dizziness, neck and cervical spine pathology, sleep apnea, headaches, and memory loss.

The Veteran's lumbosacral sprain with IVDS and DDD warrants a rating of 40 percent, but no higher. The service connection for right ankle degenerative changes is granted. Service connection for left ankle degenerative changes as secondary to the right ankle disability is also granted.

The Board has determined that additional development is needed to determine the etiology of the Veteran's lumbar spine condition, including a herniated disc at L5-S1. The case is REMANDED for further action.

The Veteran's heart disability is granted service connection based on presumed exposure to herbicide agents in Vietnam. The low back disability claim for CUE has been denied as the error did not change the outcome.

The Veteran's claim for service connection for depression with anxiety was reopened and granted. The headaches are rated at a 30 percent rating prior to March 24, 2016.

The Veteran's service-connected low back disability warrants a 40 percent initial rating, and his mood disorder warrants a 50 percent rating. The Veteran is also granted TDIU.

The Veteran is seeking service connection for a lumbar spine disability. The Board has determined that another VA examination is needed to determine the nature and etiology of his low back disability, including consideration of continuity of symptomatology.

The Board found no evidence of a current back disorder related to service and denied the Veteran's claims for service connection. The Veteran's allergic rhinitis was evaluated as noncompensable under old criteria, but is now rated at 10% due to greater than 50% obstruction on both sides.

The Board has determined that the Veteran's current thoracolumbar and cervical spine disabilities did not begin during service or are otherwise related to service, thus denying his claims for service connection.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine with intervertebral disc syndrome and a dental condition, do not meet criteria for higher ratings or TDIU. Service connection for a dental condition was denied due to lack of evidence of in-service trauma.

The Board has determined that the appellant does not have an acquired psychiatric disorder, to include PTSD, tinnitus, or a back disability, due to his service. The claims for service connection are denied.

The Board has remanded the case for further development, including a new VA examination of the Veteran's lumbar spine disability and proper development of her TDIU claim.

The Board found no evidence linking the Veteran's current lumbar and cervical spine disorders to his service, including a truck accident during Basic Training. The VA examinations did not support a connection between these conditions and service.

The Board has reopened the Veteran's claim of service connection for a left knee disability, secondary to his service-connected right knee condition. The Veteran's current left knee disability is found to be related to his service-connected right knee condition.,Service connection is granted for the Veteran's back and neck disabilities as they are also found to be related to his service-connected right knee condition.

The Veteran's bilateral knee, back, and right elbow disabilities are found to be related to his active service. The Veteran's chronic fatigue syndrome is not a separate condition but rather symptoms of his service-connected asthma.

The Veteran's bilateral hearing loss disability and tinnitus are found to be related to service, while the low back and neck disabilities remain in dispute due to lack of medical evidence.