Back / lumbar spine decisions — 2016

The Board has determined that the evidence is in equipoise regarding whether hepatitis C was incurred during service, and thus grants entitlement to service connection for hepatitis C. The low back disability issue requires additional development as there are conflicting opinions on its etiology.

The Board has granted the Veteran's claim to reopen his service connection for a low back disability and arthritis of multiple joints. The underlying claims, including those regarding a rating in excess of 10 percent for scars, status post right shoulder surgery, are addressed in the REMAND portion of this decision.

The Veteran has withdrawn their appeals regarding the issues of service connection for a cervical spine disability, including as secondary to service-connected lumbosacral spine and right leg disabilities, and an increased disability rating in excess of 40 percent for scoliosis of the lumbosacral spine with strain.

The Board has determined that a rating of 40 percent should be assigned for the Veteran's low back disability beginning from May 19, 2009. The effective date was granted based on new evidence received in connection with his claim for increase filed on May 19, 2009.

The Board has remanded the case for further development to assess whether the Veteran's low back disability and hypertension are related to service, including considering exposure to environmental factors during service in Southwest Asia.

The case is being remanded for further examination and clarification of the Veteran's service-connected low back disability, including any associated neurological impairment.

The Board has determined that a low back disability characterized as degenerative disc and joint disease of the lumbar spine was incurred in active service.

The Veteran's sarcoidosis was found to have its inception during his period of active service, and he is granted service connection for this condition.,His claim for a low back disability was reopened due to the submission of new evidence that relates to an unestablished fact (the continuity of symptomatology since service).

The Veteran's appeal regarding an initial rating in excess of 30 percent prior to August 28, 2014, for PTSD has been withdrawn. The Board dismissed the appeal as a result.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The specific conditions and issues are tendonitis of the left knee, lumbar strain, and a compensable disability rating for deviated nasal septum.

The Veteran's claims for increased evaluations for his service-connected lumbar stenosis and associated left sensorimotor radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Board found that the reductions in ratings for Degenerative Joint Disease (DJD) of the lumbosacral spine, Sciatica associated with the lumbar spine disability, and Umbilical hernia were improper due to the RO's failure to properly apply procedural safeguards. The Veteran was not given an opportunity to present additional evidence or request a hearing before the reduction in ratings took effect.

The Board found that the Veteran's diagnosed back disabilities were not related to service and denied his claims for service connection.

The Veteran's claim for a higher rating for his service-connected degenerative arthritis of the lumbar spine is being remanded due to additional evidence received since the last decision.

The Veteran's appeal is being remanded due to technical issues with the November 2015 Board videoconference hearing. The case will be scheduled for a new Board videoconference hearing at the appropriate RO.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board for further review and scheduling of a new hearing.

The Veteran's lumbar spine disability was increased to a 20 percent rating effective March 20, 2010. The claim for an earlier effective date remains on appeal.

The Board denied the Veteran's claims for service connection for migraine headaches, hearing loss disability, and lumbar spine disability. The Veteran did not have a diagnosed concussion from his head injury or current post-concussive headaches. His current migraines are attributed to sinus congestion during service. He does not meet VA criteria for a hearing loss disability. The Board found no causal relationship between the Veteran's current conditions and his military service.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's claimed back disability was not incurred in or aggravated by active military service and is not proximately due to or the result of a service-connected disability.