Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine is related to her active duty service and grants her claim for service connection.

The Veteran's appeal is being remanded for further development to assess the functional effects of his service-connected disabilities on his employability.

The Veteran's tinnitus and Parkinson's disease are presumed to be related to his service in Vietnam, while asthma is presumed due to noise exposure. The Board finds the evidence at least in equipoise for these claims.

The Board has remanded the case for additional development due to the Veteran's failure to report to scheduled hearings and VA examinations, as well as incomplete records from a VA facility in the Philippines. The claims will be readjudicated after obtaining any missing records.

The Board found that the Veteran's back disability did not manifest in service, arthritis was not shown within the one-year presumptive period, and there is no causal relationship between his current back disability and military service. The claim for service connection was denied.

The Board denied the Veteran's claims for service connection for hypertension, diabetes mellitus, Type II, a lumbar spine disability, an acquired psychiatric disability (claimed as depression), sleep apnea, and gastrointestinal reflux disorder (GERD).

The Veteran's claim for service connection for a lumbar disorder, including lumbosacral strain and degenerative disc disease of L5, is being remanded due to the need for an addendum opinion from the VA examiner regarding the etiology of his current lumbar disability.

The Veteran's appeal is being remanded for additional development to obtain medical records and for a VA examination to determine the nature, onset, and etiology of his back, leg/knee disabilities, as well as any acquired psychiatric disorder. The claims will be reconsidered after these actions.

The Veteran's claims for service connection for a low back disorder and gynecological disorder with infertility are being remanded to obtain additional medical opinions and to ensure all relevant records have been obtained.

The Veteran is granted a higher rating of 60 percent for his service-connected spontaneous L1 fusion across the anterior vertebral services beneath the anterior longitudinal and the ligament, with arthritis of lumbosacral spine. The Board finds that he meets the criteria for an increased evaluation based on incapacitating episodes with a total duration of at least 6 weeks during the past 12 months.

The Veteran's appeal of his claim for service connection for left ankle pain was dismissed due to the Veteran withdrawing his appeal. The issue of an initial rating higher than 10 percent for lumbar spine degenerative changes is being remanded.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's neck and low back disabilities, including whether they are related to service or a service-connected disability.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a back disability. The issue now is whether this condition began during or was aggravated by active service.

The Board has determined that the Veteran's sciatica of the right lower extremity is proximately due to his service-connected lumbar spine disability. The Veteran's degenerative arthritis of the lumbar spine warrants a 10 percent evaluation, as it does not result in limitation of forward flexion of the thoracolumbar spine to 60 degrees or less, a combined range of motion of 120 degrees or less, severe guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis or abnormal kyphosis, ankylosis, or incapacitating episodes requiring bedrest and treatment by a physician. The Veteran's hypertension has been manifested by diastolic blood pressure of predominantly between 70 mm and 90 mm, and by systolic pressure predominantly in the 130s and 140s.

The Board has remanded the case due to failure of the Veteran to report for a VA examination scheduled in conjunction with his service connection claims. The appeal is now pending again and will be reconsidered after the Veteran completes the required examination.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Codes 5237 and 5243. The appeal for higher ratings is denied.

The Board has determined that the Veteran's cervical and lumbar spine conditions did not begin during active service, nor are they otherwise related to military service. The claims for service connection have been denied.

The Board has ordered a remand for further development due to the need for clarification of the factual premise used in the previous VA medical opinion regarding the etiology of the Veteran's back disability.

The Veteran's cervical spine disability was rated at 10 percent from September 1, 2006 to July 13, 2009. From September 1, 2006, the disability has not been found to warrant a higher rating.