Back / lumbar spine Board decisions

The Board denied the Veteran's claims for service connection for a low back disability, initial PTSD rating prior to February 1, 2016, and TDIU from February 27, 2007 to May 5, 2015. The claim for bilateral hearing loss was granted but not rated as the Veteran did not provide a valid Social Security Administration (SSA) award number.

The Board has remanded the appellant's claims for additional development due to incomplete service treatment records and clarification of VA examiner medical opinions.

The Board has reopened the Veteran's claims for service connection for a back disability and an acquired psychiatric disability. However, the claim for OSA was denied as there is no evidence to support its development during or following military service.

The Board has dismissed the Veteran's appeal for service connection for a low back disability due to his failure to provide necessary authorizations for VA to obtain pertinent records, including those related to an on-the-job injury in 2007.

The Board finds that the Veteran's current low back disability is at least as likely etiologically related to his active service, and grants entitlement to service connection for chronic residual disability of lumbar myositis and a ruptured low back disc.

The Board finds the evidence is evenly balanced as to whether the Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, thus granting a TDIU.

The Veteran's service-connected disabilities, including radiculopathy of the right upper extremity, degenerative disc disease of the cervical and lumbar spine, tinnitus, and hearing loss, do not meet the schedular criteria for TDIU prior to June 3, 2013. The Board finds that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities as of that date.

The Veteran's residuals of a compression fracture of the thoracic spine with lumbar degenerative joint disease are currently rated at 40 percent from April 11, 2006 to January 10, 2008 and from August 23, 2017. His left lower extremity is also rated at 40 percent.

The Veteran's chronic lumbar strain and degenerative disc disease of the lumbar spine is currently rated at 20 percent, but does not meet the criteria for a higher rating as there is no evidence of ankylosis or incapacitating episodes.

The Board has determined that the Veteran's tinnitus, left wrist DJD, and hepatitis C are related to service. The right shoulder, right knee, left knee, low back, and respiratory disabilities are not shown to be related to service. Bilateral hearing loss is also not shown to be related to service.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, low back disorder, and upper back disorder. The claim for an initial compensable rating for residual scarring of a left leg laceration is granted.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective October 30, 2013. His posttraumatic stress disorder (PTSD) has been rated as 50 percent disabling since prior to September 14, 2012.,Both conditions have been granted and are assigned the appropriate ratings based on their severity.

The Board finds that the evidence is in equipoise on whether the Veteran has radiculopathy caused by his service-connected lumbar spine disability, and thus grants service connection for this condition based on secondary causation.

The Veteran's lumbosacral DDD, left and right lower extremity radiculopathy conditions have been granted increased ratings. Service connection for hypertension has not been established.

The Board has determined that the Veteran does not have a current diagnosis of left ear hearing loss disability for VA purposes or a cardiac disability, including coronary artery disease. Therefore, service connection is denied for these conditions.

The Board has ordered a remand due to the need for additional development of the record, including an examination and medical opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claims for tinnitus, IBS, and degenerative joint disease of the lumbar spine were all granted with effective dates of May 29, 2014. The claim for a higher rating for tinnitus was denied as there is no legal basis for an evaluation in excess of 10 percent under Diagnostic Code 6260. The claims for service connection for left shoulder disability and cervical spine disability were not addressed due to the remand instructions.

The Board has determined that the Veteran's back disorder is at least as likely as not due to his active service, and thus grants service connection for a back disorder. The issue of hypertension was also addressed but no specific rating or effective date was assigned.

The Board denied the Veteran's claims for service connection for a low back disability and an initial rating in excess of 30 percent for PTSD with mild depression. The claim for hypertension was reopened, but not granted. The claim for dermatitis/seborrheic dermatitis remains pending.

The Veteran's back disability has been rated at 40 percent since May 2, 2007 to March 28, 2014. The Board found that the current rating adequately reflects the severity of his symptoms and does not meet the criteria for a higher rating or extra-schedular consideration.