Back / lumbar spine decisions — 2018

The Board found that the Veteran's bilateral hearing loss disability was not incurred in or aggravated by a period of active service or active duty for training, and denied his claim for service connection.

The Board has determined that there is no current evidence of a heart disability, lumbar spine disability, or bilateral hip disability during the pendency of this appeal. The Veteran's claims for these conditions are therefore denied.

The Veteran's low back disability was granted a 40 percent rating effective August 10, 2017. The left ankle sprain and GERD were each granted increased ratings.

The Veteran's lumbar spondylosis is currently rated at 20 percent, but the Board finds that it does not meet or approximate criteria for a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's lumbar spine disability is rated at 20 percent since June 24, 2010. The Board has determined that the evidence shows more than a 3-week period of incapacitating episodes due to IVDS during the past 12 months, warranting a higher rating of 40 percent.

The Board has granted service connection for lumbar spine spondylolisthesis, finding that the current condition was incurred during active service. The issue of service connection for a lumbar spine disability other than spondylolisthesis remains pending and will be remanded for further development.

The Veteran's tinnitus began within one year of active military service and is presumed to be related to his service.

The Veteran's low back disability has not manifested as forward flexion of the thoracolumbar spine to 30 degrees or less, and no ankylosis was found. Therefore, his claim for a higher rating is denied.

The Board has reopened the claims for service connection for a back disorder and bilateral foot disorder, finding new evidence that could substantiate these claims. The Veteran is currently diagnosed with arthritis of the thoracolumbar spine and an anxiety disorder related to in-service sexual and racial harassment.

The Veteran's claim for increased rating and TDIU prior to the specified dates was denied as there is no evidence of unfavorable ankylosis or incapacitating episodes, and her service-connected lumbar spine disability did not prevent her from securing or following a substantially gainful occupation.

The Board has determined that service connection is not warranted for residuals of frostbite of the feet, but has granted service connection for tinnitus. The Veteran's low back and psychiatric disabilities are being remanded for further development.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds no evidence to support a higher rating based on range of motion or incapacitating episodes. The cervical spine disability has been service-connected.

The Board has reopened the claim of entitlement to service connection for an acquired psychiatric disability, including PTSD and depression. The Veteran's acquired psychiatric disability is found to be related to his in-service stressors, and he is granted service connection.

The Board has determined that the Veteran's low back disability and shin splints of the bilateral lower extremities are related to her service, thus granting service connection for both conditions.

The Veteran's lumbar spine condition is currently rated as 10 percent disabling, and her right and left foot disabilities are both rated as non-compensable. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Board has reopened the claim for service connection for a back disability, but the AOJ needs to consider it on the merits due to conflicting medical opinions. The Veteran is also asked to provide any outstanding VA treatment records.

The Board has determined that the Veteran's claimed disabilities are not related to service or service-connected conditions, and thus denied all claims for service connection.

The Veteran's appeals for hypertension, bilateral hearing loss, and a back disability have been dismissed due to his requests to withdraw the appeal.

The Board has determined that the Veteran's current lumbar spine disability, including arthritis and radiculopathy, is related to his in-service injury and finds a continuity of symptoms since service. As such, the claim for service connection is granted.

The Veteran's claim for a higher rating for lumbar strain was received on May 9, 2006. The effective date of the increased rating is March 7, 2011 when the first evidence showed limitation of forward flexion to 30 degrees or less.