Back / lumbar spine decisions — 2016

The Board found that the Veteran's diagnosed back disorder was not incurred or aggravated during his military service and is not related to any incident of service. The claim for service connection was therefore denied.

The Veteran's service-connected disabilities, including his low back disability and peripheral neuropathy, have prevented him from securing or following substantially gainful employment since December 30, 2008.

The Board has granted increased ratings for the appellant's service-connected lumbar spine disability and left ankle disability, effective from December 28, 2007. The TDIU claim is also granted.

The Veteran's service-connected disabilities, including his back, right and left tibia, right knee, and left foot conditions, render him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on this finding.

The Board has determined that the Veteran's current diagnoses of lumbar degenerative disc disease with old compression fracture and radiculopathy are related to his service, thus granting his claim for service connection.

The Veteran's appeal is remanded due to the need for additional development, including obtaining SSA records and a VA examination. The issues of service connection for his back disability and alcohol dependence are inextricably intertwined.

The Board has granted service connection for bilateral hearing loss and denied service connection for right knee, lumbar spine, and sinus disorders. The Veteran's in-service exposure to noise is conceded, but the evidence does not establish a nexus between his current conditions and service.

The Board dismissed the Veteran's request for an earlier effective date for the assignment of a 40% rating for his lumbar spine disability, as it was not a legally recognizable claim and raises no question to be decided.

The Veteran's appeal has been dismissed due to his death.

The Board has determined that the Veteran's cervical spine disability, including arthritis and degenerative disc disease, is not service-connected as there was no neck injury or disease during service, and chronic symptoms of cervical spine arthritis were not manifested during service. The TDIU claim is granted due to the Veteran's service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board has granted service connection for low back degenerative osteoarthritis and found that the Veteran's current diabetes is at least as likely as not related to his service-connected gouty arthritis. The issues of service connection for non-gouty arthritis, higher rating for gouty arthritis, SMC based on need for regular aid and attendance for the spouse, and TDIU are referred back to the AOJ.

The Veteran's appeals are remanded for additional development to address his claims of service connection for various conditions, including Crohn's disease and a lung disorder. The RO must obtain medical records, develop the claim related to Agent Orange exposure allegations, and schedule examinations as requested.

The Board has determined that the Veteran's claimed left hip, right hip, and lumbar spine disabilities are not service-connected as they are not shown to be related to his military service.

The Board has determined that the Veteran's current back disability did not have its onset during active service and is not etiologically related to active service. The claim for a pulmonary condition due to asbestos exposure is also denied.

The Veteran's service-connected spondylolisthesis at L5-S1 with degenerative disc disease at L4-5 status post surgical fusion with retained hardware rendered him unable to secure and follow a substantially gainful occupation prior to December 2, 2009.

The Board granted service connection for herpes simplex (HSV 1&2) effective September 16, 2008.,Service connection was denied for a low back disability and pseudofolliculitis barbae (PFB).

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a low back disability. The Board finds that the Veteran's current degenerative disc disease of the lumbar spine is at least as likely as not related to his inservice injury, and thus grants service connection.

The Board has ordered additional development to obtain VA treatment records and ensure all duty to assist requirements have been met. The Veteran's claims for service connection for asthma, lumbar spine disorder, bilateral knee disorders, left leg disorder, and left hip disorder are being remanded.

The Board has determined that the Veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Board has remanded the case for further development due to unavailability of inpatient records from Brooke Army Medical Center and Carswell Air Force Base. The Veteran's claim for service connection remains on appeal.