Back / lumbar spine Board decisions

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar and cervical spine, radiculopathy of the lower extremities, tinnitus, bilateral hearing loss, residuals of a fracture of the nose, chronic rhinitis, and temporomandibular joint dysfunction, have combined to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, he is eligible for specially adapted housing.

The Board has determined that the Veteran's current low back disabilities are not related to his service or a service-connected condition, and therefore, denied the claim for service connection.

The Veteran's service-connected lumbar strain was not shown to meet the criteria for a rating in excess of 10 percent prior to February 1, 2013 and in excess of 20 percent thereafter.

The Board has remanded the Veteran's claims due to inadequate medical opinions and outstanding records. The RO must obtain additional medical records, provide a supplemental opinion regarding the low back disorder, right shoulder disorder, erectile dysfunction, and lower extremity muscle cramping, and ensure that all development actions are completed.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The claims of service connection for bilateral varicose veins with venous insufficiency, degenerative disc disease of the lumbosacral spine, and erectile dysfunction secondary to service-connected disabilities are still pending.

The Veteran's tinnitus began during service and is granted. The issues of bilateral hearing loss, left leg disorder, and back disorder are remanded for additional development.

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including obtaining medical records and arranging for a VA examination.

The Veteran's diabetes mellitus type II is currently rated at 20 percent, effective March 11, 2011. The claims for hypertension and anxiety/depressive disorder were denied as new and material evidence was not submitted to reopen these claims. Service connection for bilateral knee disorders, hearing loss, tinnitus, hip disorder, ankle disorders, and lumbar spine disorder are all denied.

The Veteran's right upper arm radiculopathy is found to be secondary to his service-connected cervical spine disorder. For the entire appeal period, he has degenerative joint disease of the lumbar spine with a combined range of motion limited to 235 degrees or less and no associated neurologic impairment. For the period prior to December 23, 2009, his sleep apnea was not manifested by persistent daytime hypersomnolence or use of a breathing assistance device; however, beginning from that date, it is not manifested by chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor did he require a tracheotomy.

The Veteran's increased rating claim for IVDS of the thoracolumbar spine is granted, with a restored disability rating of 10 percent effective August 10, 2009.

The Veteran's service-connected thoracolumbar spine disability is currently rated at 20 percent, and the Board found that a higher rating was not warranted.

The Veteran's claims for service connection for various disabilities are denied as the preponderance of the evidence does not support a finding that any current condition was incurred or aggravated by his military service.

The Board has determined that the Veteran's claims for increased ratings and service connection are denied. The evidence does not support a finding of current disabilities related to his knee disorders, elbow disorders, shoulder disorders, neck/cervical spine disorder, low back/lumbar spine disorder, bilateral foot disorder, hip disorders, or hand disorders. Additionally, there is no indication that the Veteran's hearing loss disability was incurred in service.

The Veteran's lumbar disc disease with herniation at L5-S1 is currently rated as 20 percent disabling, effective September 20, 2010. The Veteran's symptoms include pain and limited range of motion.

The Veteran's appeal is being remanded due to the failure to schedule a Travel Board hearing. The issues of service connection for various conditions are still pending.

The Veteran's appeal was dismissed as he withdrew his application to reopen a claim of entitlement to service connection for hepatitis. The remaining issues were addressed, but the case is remanded for additional examinations and development.

The Board has determined that a VA examination is necessary to determine the nature and etiology of any low back disability, including whether it is related to active service. Additionally, updated VA treatment records are needed.

The Veteran's lumbar strain disability is rated at 10 percent, effective from March 25, 2010. The issues of increased ratings for the right ankle and depression disabilities are also addressed.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active military service and denied his claim.

The Veteran's appeals regarding increased ratings for lumbar spine DDD and DJD, right thigh sarcoma residuals, and genital herpes simplex virus have been dismissed due to the Veteran's withdrawal of his appeal.