Back / lumbar spine decisions — 2016

The Board has remanded the case for additional development, including obtaining verification of the Veteran's National Guard service and scheduling a VA examination to assess his lumbar spine disability. The TDIU claim is also being referred to the Director of Compensation and Pension Service.

The Veteran's appeal for higher ratings on his service-connected chronic low back strain with DDD, L2-3 and L4-5 was withdrawn. His claim for a compensable rating for dyshidrotic eczema and herpes simplex remains pending.

The Veteran's claim for a rating in excess of 40 percent for mechanical low back pain with osteoarthritis of the thoracic spine was denied, as his disability did not meet the criteria for a higher rating. The claim for SMC based on need for regular aid and attendance or by reason of being housebound was also denied.

The Board found that the Veteran's current lumbar stenosis with spondylolisthesis did not manifest during or as a result of active military service, and denied his claim for service connection.

The Board has determined that the Veteran's current low back, right knee, and right wrist disabilities are not related to his military service.

The Veteran's appeal for a higher rating for his lumbosacral strain with degenerative joint disease is granted. Service connection for residuals of head injury (TBI) and disability of the cervical spine are also granted, as well as service connection for sleep apnea secondary to PTSD or due to herbicide exposure. The Veteran's diabetes mellitus and peripheral neuropathy claims remain pending.

The Veteran's claims are being remanded due to incomplete records and the need for additional examinations.

The Board has reopened the claims for service connection for a back disability and bilateral hearing disability, finding new and material evidence. The Veteran's service-connected disabilities (including PTSD, heart disease, diabetes mellitus, and bilateral hearing loss) are found to be disabling enough to prevent him from securing or following any form of gainful employment.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and providing the Veteran with new VA examinations to assess his service-connected disabilities. The appeal is not about service connection at all.

The Board found that the Veteran's back disorder was not incurred in or aggravated by service, and denied his claim.

The Board has determined that the Veteran does not have current cervical or thoracolumbar spine disabilities, and therefore service connection for these conditions cannot be granted.

The Veteran's lumbar spine, cervical spine, and bilateral knee disorders are not deemed to be the result of VA carelessness, negligence, or lack of proper skill. The Board finds that the additional disabilities were not caused by VA.

The Board has determined that the Veteran's low back strain and bilateral knee strain are related to service, granting service connection for these conditions.

The Board has remanded the claims for additional development due to inadequate medical opinions and incomplete VA treatment records.

The Board denied the Veteran's claim for TDIU as a result of service-connected disabilities.

The Board has determined that the Veteran's service-connected pes planus aggravated his back disability, allowing for service connection on a secondary basis.

The Board has determined that the Veteran's claimed disabilities are not related to his military service and have denied all of his claims.

The Veteran's service connection claims for various conditions, including low back disability, bilateral hearing loss, tinnitus, skin disorder (due to exposure to Agent Orange), acute myositis of the quadriceps, peripheral neuropathy, heart disorder, hemorrhage of blood vessels in the brain, cerebral vascular accident/TIA, and bilateral eye disorder have been denied. The Board found that these conditions were not incurred or aggravated by service.

The Veteran withdrew his appeal for an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine.

The Board found that the Veteran does not have a right leg disorder separate and distinct from his service-connected right knee disorder. The hip and shoulder disorders were also not shown to be related to service or secondary to the service-connected right knee disorder.