Back / lumbar spine Board decisions

The Board denied the Veteran's claims for increased ratings for his service-connected degenerative joint disease with low back strain, right knee osteoarthritis with limitation of flexion, and right knee osteoarthritis with limitation of extension. The evidence did not support granting higher disability ratings.

The Veteran's low back disability is currently rated at 20 percent, and his peripheral neuropathy of the lower extremities are each rated at 30 percent. The Board finds that these ratings adequately reflect the severity of the disabilities.

The Board found that the Veteran's DJD of the lumbar spine was not incurred or aggravated in service and is not related to his service-connected bilateral knee disability. The claim for service connection was denied.

The Board has granted service connection for a lumbar spine disability and a right shoulder disability. The Veteran's claims for other conditions are pending.

The case is being remanded for further development to determine the current severity of the Veteran's service-connected low back disability, including any functional loss due to pain.

The Veteran seeks service connection for a spine disorder, which he asserts was caused by an in-service fall and heavy lifting. The case is being remanded to attempt to locate the Veteran's service treatment records at a Philadelphia warehouse and obtain his unit history records from the First Battalion Ninth Marines, First Marine Division.

The Board has granted service connection for degenerative osteoarthritis and degenerative disc disease of the lumbar spine. The Veteran's sinus condition, right and left shin splints are still pending issues.

The Veteran's lumbar disc disease was rated at 20 percent prior to November 12, 2014, and increased to 40 percent from that date. The rating for his right lower extremity radiculopathy remains at 10 percent.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled video hearing. He has requested hearings on multiple occasions, and the Board finds this represents good cause for his absence.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a positive tuberculosis test or low back disability. The claim for left ear hearing loss disability is not established as there is no competent and probative evidence linking it to service.

The Veteran's service-connected back disability, peripheral neuropathy of the legs and arms, and diabetes mellitus have all been rated at their maximum allowable ratings.

The Board has determined that the October 2012 VA examination and opinion are inadequate, and therefore, a new VA examination is required to determine if the Veteran's current low back disability is related to his service.

The Board has determined that there may be outstanding service treatment records and VA treatment records, which need to be obtained. The Veteran's claims for service connection are being remanded for further development.

The Board has determined that the Veteran's major depressive disorder and obstructive sleep apnea are at least as likely as not caused by his service-connected bilateral hearing loss, tinnitus, and major depressive disorder respectively. The claims for back disability and knee disability are remanded for further development.

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his physical and mental incapacity, which requires care and assistance on a regular basis.

The Veteran's service-connected herniated nucleus pulposus of the lumbosacral spine with low back strain is currently rated at 10 percent, and his adjustment disorder with mixed anxiety and depressed mood is rated at 30 percent. The Board has granted a higher rating for these conditions.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine with compression fracture at T12 is due to an in-service injury, and thus service connection is granted.

The Veteran's claims for increased evaluations for his lumbar strain and hammertoe deformity were denied. The Board found that the evidence did not support a higher evaluation for either condition during the relevant periods.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and associated sciatica, is related to his in-service injury. His claim for service connection was granted.