Back / lumbar spine decisions — 2016

The Board found that the Veteran's low back disability did not have onset during active service or within one year of service discharge and is not otherwise etiologically related to active service. As such, the claim for service connection was denied.

The Veteran's appeal involves multiple issues related to his service-connected disabilities, including initial ratings for degenerative disc disease at L5-S1 and left total knee replacement, as well as effective date claims. The case is being remanded for further development and consideration.

The Board has granted service connection for neck and back disabilities, finding that the evidence is at least in equipoise as to whether these conditions are related to military service. The remaining claims have been remanded for additional development.

The Veteran has withdrawn his appeals regarding the issues of service connection for low back and dental disabilities, as well as the issue of an initial rating in excess of 50 percent for PTSD.

The Board found that the Veteran's low back disability was not incurred in service and denied his claims for service connection. The hip, shoulder, and foot drop disabilities were also denied as secondary to a pre-existing low back disability.

The Board has found that a VA examination is needed to determine the nature and etiology of the Veteran's current hip, leg, and low back disabilities. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records and arranging for new VA examinations to assess the current severity of his service-connected disabilities.

The Board denied service connection for pulmonary disease, lumbar spine disorder, hypertension, and psychiatric disorder. The Veteran's claims were not substantiated by new and material evidence.

The Board found that the Veteran did not submit a timely substantive appeal with regard to the September 2008 rating decision, which denied entitlement to service connection for a low back disability.

The Board has determined that new and material evidence has been received sufficient to reopen the claim of service connection for a low back disability. The Veteran's DDD at the L5-S1 level is found to be etiologically related to his active service, and reasonable doubt is resolved in favor of the Veteran.

The Board has determined that the appellant is eligible to be considered for veteran status and thus basic eligibility for VA benefits. The claim of service connection for a low back disability will be remanded for further development on the merits.

The Veteran's appeal is being remanded for further development of his claims, including obtaining relevant medical records and attempting to locate a specific VA form from 1992.

The Veteran's claim of service connection for lumbar degenerative disc disease was denied in 1976. He filed a new claim to reopen the previously denied claim in July 2011, which resulted in an effective date of July 5, 2011. The Board found that he is not entitled to an earlier effective date.

The Veteran's service-connected disabilities combine to render him unable to secure or follow substantially gainful employment, and his TDIU claim is granted from January 12, 2010.

The Board denied service connection for a thoracolumbar spine disorder, finding that the Veteran's current diagnoses are not causally related to active service or secondary to his service-connected right knee disability.

The Board has remanded the case for further development, including a VA examination to assess the Veteran's employability due to his service-connected disabilities. The claim will be readjudicated based on this additional evidence.

The Board has determined that the Veteran's service-connected disabilities alone or in combination have resulted in loss of use of one lower extremity (left) together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. Therefore, she is eligible for financial assistance in acquiring an automobile and adaptive equipment.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the left foot neuropathy was not present until multiple years after service, and is not otherwise related to service. For the knees and back, the criteria for higher ratings have not been met.

The Veteran's nonservice-connected disabilities do not meet the criteria for entitlement to nonservice-connected pension benefits as they are not productive of total disability and he is not permanently and totally disabled due to nonservice-connected disabilities.

The Board finds that the appellant's back disability, including a lipomatous mass and residuals of anal fistula removal, was not incurred in or aggravated by active duty military service.