Back / lumbar spine decisions — 2018

The Veteran's lumbar spine disability is rated at 20 percent, and the claims for increased ratings are denied. The Veteran also had new diagnoses of radiculopathy in his lower extremities which were not service-connected.

The Board has determined that new and material evidence has not been received to reopen service connection for broken rib residuals. Service connection was also denied for right shoulder arthritis and low back arthritis as there is no evidence of in-service injury or disease, and current symptoms are not related to service.

The Board has denied the Veteran's claims for service connection for a thoracic spine disorder, right carpal tunnel syndrome, degenerative disc disease of the cervical spine, diabetes mellitus, left carpal tunnel syndrome, glaucoma with cataract in the right eye and cataract in the left eye, as well as peripheral neuropathy of the right upper extremity. The evidence does not support a current diagnosis for these conditions.

The Veteran's claim for special monthly compensation based on the need for aid and attendance is denied as he does not require regular aid and assistance due to his service-connected disabilities.

The Board denied service connection for a low back disorder and sleep apnea, finding that the evidence did not support a nexus to service. The Veteran's TDIU claim was also denied as his disabilities were not found to render him unemployable.,Service connection for both conditions could not be established due to lack of in-service injury or continuity of symptomatology.

The Veteran's lower back disability has not resulted in unfavorable ankylosis of the entire thoracolumbar spine, and there is no evidence of incapacitating episodes. Therefore, a higher rating is denied.

The Board found that the Veteran's low back disability did not have its onset during active service and is not otherwise related to active service, thus denying his claim for service connection.

The Board denied service connection for a low back disability and headaches due to lack of evidence linking these conditions to the Veteran's military service. The VA opinions provided were against the claim, stating that any current low back condition is more likely related to postural factors rather than military service.

The Board found that the Veteran's low back disabilities, other than congenital lumbarization of S1, did not have their onset in service or are otherwise related to his military service. The Board also determined that these conditions were not secondary to his service-connected left flank shrapnel wound.

The Veteran's neck disorder, also claimed as an upper back condition, is being remanded for further development including a VA examination to determine its etiology and whether it is related to service-connected lumbosacral degenerative disc disease.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, and various lower extremity conditions are all granted. The Board finds that the Veteran has established a current disability, in-service noise exposure, and continuity of symptoms.

The Veteran's claim for service connection for intervertebral disc syndrome of the thoracolumbar spine has been reopened and granted.,The Veteran's claim for service connection for intervertebral disc syndrome of the cervical spine is also granted.

The Board granted service connection for PTSD, with dysthymia and bilateral pes planus effective March 13, 2009. The Veteran's claims for right knee and left knee disabilities were also granted but assigned an earlier effective date of January 22, 2010.

The Veteran withdrew his claims for a higher initial rating for IVDS and a payment date earlier than February 1, 2010.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records and scheduling the Veteran for appropriate VA examinations to assess his right knee and lumbar spine disabilities.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's low back disability is secondary to his service-connected left knee disability, and grants service connection for this condition.

The Board found no evidence of a chronic back or knee disability in service, and the earliest clinical evidence is not for more than four decades after separation from service. The Veteran's statements regarding parachute injuries are inconsistent with contemporaneous STRs. Service connection was denied as there is no showing of continuity of symptomatology.

The Veteran's service-connected low back disability and bilateral lower extremity radiculopathy render him incapable of securing or following a substantially gainful occupation.

The Board has determined that further development is needed to address the nature and etiology of the Veteran's skin condition, low back disability, left hip disability, left thigh disability, groin disability, and ripped anal region.

The Board has found that the Veteran's current lumbar spine disability is not related to his military service and therefore denied service connection for this condition. The claim for an increased rating for PTSD remains pending.