Back / lumbar spine decisions — 2016

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA orthopedic examination to determine the nature and etiology of any low back disability. The examiner should address whether the Veteran's current low back disability is related to service or caused by his service-connected pilonidal cyst.

The Board found that the Veteran's current low back disability did not have its onset in service and is not otherwise the result of service, and arthritis of the lumbar spine was not manifested within one year thereafter. As a result, the claim for service connection for a low back disability has been denied.

The Board has remanded the case for additional development, including obtaining VA medical records and personnel files. The claims for service connection will be reconsidered based on the new evidence.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability.

The Veteran's appeal for a higher disability rating for his lumbar degenerative disc disease was denied. The Board found that the evidence did not show forward flexion limited to 60 degrees or less, and the combined range of motion was sufficient to deny a 20% rating.

The Board has reopened the claim for service connection for a low back disability and granted it. The Veteran's tinnitus is also found to be related to his military service, and he was granted service connection for an acquired psychiatric condition (including PTSD and depression) as secondary to his service-connected pulmonary sarcoidosis.,Service connection for these conditions has been established.

The Board has determined that the Veteran's low back disability is not related to his active service or a service-connected condition, and therefore denied his claim for service connection.

The Board has granted service connection for tinnitus, and the issues of service connection for bilateral hearing loss, low back disorder, right ankle disorder, left ankle disorder, left shoulder disorder, and bilateral knee disorders are addressed in the REMAND portion of this decision.

The Veteran's left knee instability and lumbar spine DJD are currently rated at 20 percent, with no additional ratings for the conditions.

The Board denied the Veteran's claim for service connection for right knee osteoarthritis and degenerative meniscal tear, finding that there was no evidence of a nexus between the disability and service or service-connected left knee disorder. The back condition issue remains pending.

The Board has decided to remand the case for further development, including a new VA examination and readjudication of the claim.

The Board has granted the Veteran's claim of reopening his service connection for a lumbar spine disability and has determined that it is at least as likely as not that his current lumbar spine disability was incurred in active military service. The issue of service connection for an acquired psychiatric disorder remains pending.

The Veteran's appeal has been remanded due to scheduling issues for a video conference hearing. His claims for increased rating, initial compensable evaluation, and service connection are still pending.

The Board denied the reopening of the claim for service connection for lumbosacral strain with sacralization at L5, finding that no new and material evidence had been received to support the claim.

The Veteran's claim for service connection for right ear hearing loss disability has been reopened and granted. The Board finds that the Veteran's current right ear hearing loss disability originated during his period of active duty due to noise exposure in service.

The Veteran's lumbar and cervical spine disabilities are currently rated at 20 percent. The Board finds that the current ratings adequately reflect the severity of these conditions based on the evidence provided.

The Board has ordered additional development to obtain VA treatment records from the VAMC in Miami, Florida. The case will be returned for further consideration.

The Board has determined that the Veteran's current back disability did not have its onset during active duty service or is related to an event, injury, or disease in service. The preponderance of evidence does not support a finding of service connection for the Veteran's claimed back disability.

The Board has determined that the Veteran's current low back disability is related to his active military service, and thus grants the claim for service connection.