Back / lumbar spine decisions — 2018

The Veteran is granted service connection for left hip DJD, status post left hip replacement.,Service connection is also granted for degenerative disc disease (DDD).,Left leg radiculopathy secondary to degenerative disc disease has been established as well.,Heart condition due to herbicide exposure in Vietnam is now service connected.,Bilateral hearing loss and tinnitus are both found to be related to service, with tinnitus being noted since service.,Hypertension, also linked to service exposure, has been granted service connection.,No specific rating or effective date was provided.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the criteria for entitlement to a TDIU are met.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and obtaining updated treatment records.

The Veteran's appeal has been dismissed due to his death. The claims for PTSD with depression and degenerative disc disease of the thoracolumbar spine are no longer before the Board.

The Veteran's erectile dysfunction is caused by his service-connected lower back condition and/or depressive disorder, and the Board has granted service connection for this condition.

The Veteran's higher disability ratings for bilateral high frequency hearing loss and low back strain have been granted, with the effective date set at February 18, 2014.

The Board has granted a 40% disability rating for the Veteran's degenerative disc disease of the thoracolumbar spine, effective January 30, 2017. The claim to reopen and service connection for a neck disability was also granted.

The Veteran's lumbar degenerative changes were not manifested by forward flexion of the thoracolumbar spine less than 61 degrees or combined range of motion less than 121 degrees prior to February 2, 2015. As a result, a rating greater than 10 percent was denied for this period.,Since September 26, 2016, the Veteran's lumbar degenerative changes have not been manifested by forward flexion of the thoracolumbar spine to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine. As a result, a rating greater than 20 percent was denied for this period.,For the period from February 2, 2015 to September 26, 2016, a 20 percent evaluation was granted.

The Board has remanded the Veteran's claims for additional development due to several issues, including a need for new VA opinions on left knee and ankle disorders, low back disorder, tinnitus, and psychiatric disorders.

The Veteran's combined disability rating has been at least 70 percent, with 'one service-connected disability' ratable at at least 40 percent. However, the evidence does not show that his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's back disability is not related to service or caused by his service-connected left ankle disabilities. However, he meets the criteria for special monthly compensation based on the need for regular aid and attendance of another person due to his service-connected left ankle disabilities.

The Veteran does not have a current left ankle condition that manifested during, or as a result of, active military service.,The Veteran does not have a current right shoulder condition that manifested during, or as a result of, active military service, nor does he have a current right shoulder condition that was caused by, or aggravated by, a service-connected right elbow disability.,The Veteran does not have a current lumbar spine condition that manifested during, or as a result of, active military service.,The Veteran does not have a current bone condition that manifested during, or as a result of, active military service.,The Veteran does not have a current right hand carpal tunnel syndrome condition that manifested during, or as a result of, active military service, nor does he have a current right hand carpal tunnel syndrome condition that was caused by, or aggravated by, a service-connected right elbow disability.,The Veteran does not have a current left hand carpal tunnel syndrome condition that manifested during, or as a result of, active military service, nor does he have a current left hand carpal tunnel syndrome condition that was caused by, or aggravated by, a service-connected right elbow disability.,The Veteran does not have a current right knee condition that manifested during, or as a result of, active military service, nor does he have a current right knee condition that was caused by, or aggravated by, a service-connected right elbow disability.,The Veteran does not have a current left knee condition that manifested during, or as a result of, active military service, nor does he have a current left knee condition that was caused by, or aggravated by, a service-connected right elbow disability.,The Veteran does not have a current right hip condition that manifested during, or as a result of, active military service.,The Veteran does not have a current left hip condition that manifested during, or as a result of, active military service.

The Board has determined that a rating in excess of 20 percent is not warranted for the Veteran's lumbar spine disorder prior to August 23, 2017. As of August 23, 2017, the evidence does not show forward flexion of the thoracolumbar spine to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or intervertebral disc syndrome with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months. Therefore, the current rating of 20 percent is granted.

The Board denied service connection for a low back disability, finding that there was no credible evidence of a relationship between the Veteran's current low back disabilities and his military service.

The Veteran's current back condition is not shown to have had its onset during service or be causally related to any disease, injury, or incident in service. The Board finds the evidence against a direct service connection for his claimed conditions.

The Veteran withdrew his appeals for the issues of increased ratings for a low back disability, dermatophytosis of both feet, and onychomycosis.

The Board has reopened the claim of service connection for a back disorder due to new evidence showing an in-service motor vehicle accident. However, the VA examiner found it less likely than not that the current degenerative joint disease is related to service.

The Board determined that a rating reduction to a 10 percent evaluation for the service-connected lumbar spine disability was proper. The issue of entitlement to higher disability ratings for the service-connected lumbar sprain with degenerative changes is remanded to the Agency of Original Jurisdiction (AOJ) for additional development.

The Board has determined that the Veteran's lower back disability is not related to his military service and therefore denied his claim for service connection.

The Veteran's claim for service connection for a low back disorder was denied because he failed to report for a scheduled VA examination.