Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's current low back disability, diagnosed as segmental dysfunction complicated by arthritic degeneration, low back strain and low back sprain, originated during his active service. Therefore, service connection for this condition is granted.

The Board has determined that the Veteran does not have a left wrist disorder or back disorder that is related to his military service. The claims for service connection are denied.

The Board denied the Veteran's claims for service connection of left knee, bilateral hip and low back disabilities as secondary to a service-connected right knee disability due to lack of evidence showing these conditions were incurred or aggravated by the service-connected condition.

The Veteran's lumbar spine degenerative joint and disc disease was rated at 20% effective February 5, 2008. His lumbar radiculopathy of the right lower extremity was rated at 10% effective November 18, 2004.

The Veteran's appeal is being remanded for further action, including scheduling an RO hearing. The issues on appeal include ratings for various conditions and disabilities.

The Board found that the Veteran's degenerative disc disease and osteoarthritis of the lumbar spine did not meet or approximate the criteria for a disability rating in excess of 10 percent.

The Veteran's claim for an initial compensable disability rating for erectile dysfunction was denied as he does not have penile deformity.,The Veteran's claim for an earlier effective date for service connection of erectile dysfunction was also denied.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA and private treatment records, arranging for addendum opinions on his closed head injury/subdural hematoma, and arranging for VA examinations to assess the severity of his service-connected degenerative joint disease of the lower thoracic and lumbar spine with osteopenia and some compression fractures, GERD, and Raynaud's syndrome.

The Board denied the Veteran's appeal because he did not file a timely notice of disagreement with the January 2009 rating decision that granted service connection for degenerative disc disease of the thoracic and lumbar segments of the spine with compression, disc protrusion, and spinal stenosis, and denied service connection for a disability of the cervical spine/upper back and Scheuermann's kyphosis.

The Board found no nexus between the Veteran's current degenerative disc disease and his service, thus denying the claim for service connection.

The Board denied the Veteran's claims for service connection for a low back disability, diabetes (to include as due to Agent Orange exposure), and a sciatic nerve disability. The evidence did not support current diagnoses of these conditions.

The Board has remanded the case due to a scheduling error, and the Veteran's address of record needs to be confirmed. The Veteran will be scheduled for a video conference hearing before a Veterans Law Judge.

The Board has determined that the Veteran's low back disorder was not incurred or aggravated during service and is not related to any in-service injury. As such, service connection for a low back disorder is denied.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain gainful employment consistent with his education, training, and work experience.

The Veteran's low back disability, specifically her lumbar spine degenerative arthritic changes and IVDS with left superficial peroneal nerve involvement and scarring, is currently rated at 20 percent. The claim for a higher initial rating was denied.

The Board found no evidence of a current diagnosis of PTSD and denied service connection for an acquired psychiatric disorder, to include depression. The Veteran's bilateral hearing loss and tinnitus were not addressed due to the lack of VA examination.

The Board has decided to remand the case for additional development due to inadequacy of a previous VA examination and other issues.

The Board has remanded the case due to inadequate VA examinations and the need for additional medical opinions regarding the etiology of the Veteran's lumbar and cervical spine disorders. The AOJ must obtain updated treatment records, provide another examination if necessary, and readjudicate the claims.

The Board has determined that the Veteran's current diagnoses of degenerative disc disease and left sacroiliac joint dysfunction of the lumbar spine are related to his active military service. The claims for residuals of a left knee injury and residuals of a left shoulder injury were not supported by the evidence presented.