Back / lumbar spine Board decisions

The Veteran's 40 percent disability rating for traumatic arthritis of the lumbar spine is restored from May 22, 2012. The issue of whether he should receive a higher disability rating remains with the RO.

The Veteran's right shoulder impingement syndrome is granted as secondary to his service-connected left shoulder disability.,The Veteran's degenerative disc disease of the thoracolumbar spine is denied because it is not related to his active service and cannot be presumed to be so related.,The Veteran's left knee disorder is denied because it is not related to his active service and cannot be presumed to be so related.,The Veteran's tinnitus is granted as incurred during active service.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to insufficient examination reports, lack of audiometric testing prior to discharge, and inability to assess functional loss during flare-ups.

The Board has determined that a more thorough examination is needed to assess the current severity of the Veteran's service-connected lumbar spine disability, as there are recent changes in his condition and symptoms.

The Veteran's cause of death is denied as there is no evidence that his service-connected disabilities or any in-service exposure to herbicides caused or contributed substantially to his death.

Service connection for PTSD is granted. The Veteran's degenerative disc disease rating is remanded due to a lack of recent examination.

The Veteran's PTSD is rated at a 50 percent disability rating, effective from the date of this decision. Service connection for his low back disorder as secondary to his service-connected right-patellofemoral syndrome with degenerative joint disease (claimed as patellofemoral syndrome bilateral) has been granted.

The Board has reopened the Veteran's claim for service connection of a lumbar spine disorder and granted it, finding that there is sufficient evidence to establish a link between his current condition and an in-service injury.

The Board has decided to remand the cases for further development and examination due to insufficient evidence regarding the etiology of the Veteran's left knee, shoulder, and back disabilities.

The Board has granted service connection for bilateral flatfeet, left ear hearing loss, COPD, and tinnitus. The issues of entitlement to service connection for a low back disorder, left ankle disorder, right ankle disorder, sleep apnea, and CHF are remanded.

The Board has granted service connection for back disability, tinnitus, and depressive disorder. The Veteran's bilateral pes planus is rated at 50 percent, which is the maximum under DC 5276. The Veteran’s skin condition (tinea pedis and onychomycosis) does not meet a compensable rating criteria. The Veteran's hallux valgus of both feet are assigned zero percent disability ratings.

The Board has remanded three issues: increased rating for low back disability, initial compensable rating for cold injury residuals of the right foot, and initial compensable rating for cold injury residuals of the left foot. The Veteran's testimony indicates his conditions may have worsened since his last VA examinations in 2013, so a new VA examination is required.

This decision denies service connection for left shoulder and low back disabilities, but grants a 50% evaluation for dysthymic disorder. The Veteran's current symptoms do not meet the criteria for higher ratings.,The Board found no evidence of current diagnoses for left shoulder or low back disabilities during his appeal period.

The Board has granted service connection for tinnitus, but the issues of service connection for low back disability and TDIU are remanded due to outstanding private records.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete examinations, including a lack of opinion regarding direct service connection. The Veteran is also seeking TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities rendered her unable to secure or follow gainful employment as of April 10, 2011.

The Veteran's claim for increased ratings and TDIU was denied. The Board found that the evidence did not support a higher rating for lumbosacral strain with spondylolisthesis and DJD, and there was no evidence of ankylosis to support a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. For TDIU, the Veteran's combined disability rating did not meet the criteria set forth in 38 C.F.R. § 4.16(a).

The Veteran's appeal to reopen service connection for frostbite of the hands was dismissed. The Board also remanded the claims for reopening service connection for right knee, left knee, right ankle, left ankle, low back, and right hip disabilities.

The Board has remanded the Veteran's claims for low back and neck disabilities due to the need for additional medical examinations and records. The Veteran is seeking service connection for these conditions, which are currently considered direct service connections.

The Board denied the Veteran's claims for service connection and non-service-connected pension due to a lack of evidence showing that his low back disorder began during service or was related to an in-service injury. The Veteran did not have qualifying wartime service, so he is not eligible for VA pension benefits.