Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's claimed disabilities are not related to his military service and therefore, denied all claims for service connection.

The Veteran's appeal is being remanded for additional development, including another VA examination to address the etiology of his hypertension and current low back and right hand disabilities. The AOJ will also schedule a DRO hearing.

The Veteran's claim for service connection for cervical degenerative disc disease was granted effective October 24, 2011.

The Veteran's claims for increased ratings were denied as his service-connected back disability did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran withdrew her appeals for the claims of depressive disorder, bilateral pes planus, hypothyroidism, and a bilateral shin disability during her hearing. The remaining issues are not addressed in this decision.

The Veteran's claim for increased rating of lumbar spine disability was denied. The claim for service connection for bilateral knee disability was reopened, but the issue remains pending as it has not been decided.

The Board denied the Veteran's claims for service connection for a left hip disability, lumbar spine disability, and acquired psychiatric disorder. The claim for service connection for colon cancer was also denied as there is no evidence of record that the condition was incurred in or aggravated by active duty service. Service connection for a dental disability for compensation purposes was not granted due to lack of qualifying conditions.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected lumbar spine arthritis and tinnitus. The issues of increased evaluations are also pending.

The Veteran's appeals on several issues have been dismissed as the Veteran and his representative requested to withdraw these claims.

The Board found that the Veteran's current low back pain is not related to his active service and denied his claim for service connection.

The Board has remanded the case due to issues related to service connection for psychiatric disorder, skin disability, low back disability, and respiratory disability. The correct service records need to be associated with the Veteran's claims file.

The Board has determined that the Veteran does not have a currently diagnosed low back disorder related to service and therefore denied his claim for service connection.

The Board found no evidence of a permanent aggravation of the Veteran's preexisting lower back disorder during service and concluded that she did not develop any other distinct lower back disorders. The Board also determined that her current headache disorder is unrelated to service.

The Veteran's low back disability warrants a rating of 10 percent prior to June 18, 2009, a rating of 20 percent from June 18, 2009, to November 24, 2009, and a 40 percent rating effective November 25, 2009, for functional impairment of the spine and a separate rating of 10 percent from November 25, 2013, for radiculopathy involving the right lower extremity.

The Veteran's cervical spine disability is found to be secondary to his service-connected lumbar spine disability. The Board granted a higher initial rating for the Veteran's degenerative disc disease of the lumbar spine and left lower extremity radiculopathy, with an effective date prior to December 13, 2010.

The Board found no evidence to support service connection for a back disability and denied the claim. For sinusitis, the Veteran's current condition is not shown to be related to his service, and he does not meet the criteria for an increased rating.

The Board denied service connection for a low back disability and granted service connection for bilateral foot disability. The Veteran's current bilateral foot disability is considered direct service connection.

The Board denied service connection for a back disability, bilateral foot disability, and hypertension on a direct basis. The current decision addresses secondary service connection for these conditions.

The Veteran's lumbar spine disability was manifested by pain, but did not result in forward flexion being limited to 30 degrees or less, unfavorable ankylosis, or incapacitating episodes during the period from January 24, 2011 to October 24, 2014.

The Veteran's left wrist ganglion cyst resulted in pain and limited motion, warranting a 10 percent rating. The ankle disability was rated at 10 percent for moderate limitation of motion. Both back and neck disabilities were also rated at 10 percent.