Back / lumbar spine decisions — 2016

The Board found that the Veteran's current back and neck disabilities did not manifest during service or within the one-year presumptive period after separation, and thus denied service connection for these conditions.

The Board found that the Veteran's COPD and lumbosacral spine disability are not related to active service, including as due to ionizing radiation or herbicide exposure. The Veteran was denied service connection for these conditions.

The Veteran's claim for service connection for sciatica, as secondary to his service-connected lumbar spine disability, was denied. The remaining issues are pending.

The Board found that there is no evidence of a chronic lumbosacral strain in service and the current condition does not appear to be related to service, resulting in denial of the claim.

The Board found that the Veteran's lumbar spine disorder was not incurred in or aggravated by his active military service and denied service connection for this condition. The claim for hypertension is addressed separately.

The Veteran's appeal includes claims for higher ratings for sciatic radiculopathy and vertebral fracture, L1 with multilevel degenerative changes of the lumbar spine. The appeals are mixed as some issues have been granted while others remain unresolved.

The Board granted a 20 percent rating for the Veteran's service-connected lumbosacral strain since July 11, 2011. The Veteran was previously rated at 10 percent prior to this date and is now entitled to an increased rating.

The Board has determined that the Veteran's current thoracolumbar spine disabilities, including spondylosis, degenerative disc disease (DDD), and arthritis, are service-connected as they were incurred during his period of active duty for training (ACDUTRA) in April 1963 to October 1963.

The Veteran's service-connected left wrist degenerative joint disease and left great toe hallux valgus with degenerative joint disease have been granted initial ratings of 10 percent each, effective September 1, 2008. The Veteran's other claims remain unresolved.

The Veteran's bilateral hand arthritis is currently rated at 10 percent, effective December 14, 2007.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that new and material evidence had not been received to reopen his previously denied claim.

The Board has granted service connection for the Veteran's lumbar spine disability and determined that new and material evidence has been received to reopen his claim of service connection for a neck injury. The other issues have been remanded for further development.

The Veteran's lumbar strain with spondylolysis and a herniated disc resulted in functional limitation of forward flexion to 45 degrees prior to December 4, 2015. Effective December 4, 2015, the disability was characterized by slight loss of sensation and diminishment of reflexes of the left lower extremity with moderate pain but without loss of muscle strength, range of motion, or coordination.

The Board has determined that the Veteran's recurrent thoracolumbar spine strain and scoliosis were initially manifested during active service, and thus grants service connection for these conditions.

The Board has remanded the case for a VA examination to determine the severity of the Veteran's back disability. The issue remains on appeal and will be reviewed again after further development.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, and the criteria for entitlement to TDIU have not been met.

The Board has determined that the Veteran's low back disability is etiologically related to his active military service, and thus grants service connection for degenerative disc disease of the lumbar spine.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient records and scheduling the Veteran for a VA examination to assess his service-connected disabilities.

The Board denied service connection for right foot arthritis and low back disability, as well as other conditions. The Veteran's claims were not supported by new and material evidence.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disorder, and service connection is granted. The Veteran's depressive disorder is found to be secondary to fibromyalgia. Service connection for fibromyalgia is also granted.