Back / lumbar spine decisions — 2016

The Veteran withdrew her appeal for the issue of entitlement to a rating for degenerative disc disease with degenerative arthritis and spondylolisthesis of the lumbar spine in excess of 40 percent prior to February 7, 2012 and since April 1, 2012.

The Board has granted service connection for the Veteran's lumbar degenerative arthritis, lumbar strain, grade one L4-L5 spondylolysthesis, and degenerative disc disease of the lumbar spine based on a finding that the disability is related to his active duty service. The claim was reopened due to new evidence received since the last final denial.

The Board has reopened the Veteran's previously denied claims for service connection for acquired psychiatric disorder, right hand disorder, bilateral eye disorder, and lumbosacral strain with muscle spasms of lumbar area. The evidence submitted since the last final denial relates to an unestablished fact (medical nexus between current diagnosed disorders and service) necessary to substantiate these claims.

The Veteran's claims for PTSD and a back disability have been reopened, but the claim of compensation under 38 U.S.C.A. § 1151 based on participation in CWT program remains pending.

The Veteran's lumbar spine disability is rated at 20 percent, effective October 15, 2008. Service connection for a right wrist disability and a right shoulder disability are denied. The Veteran's service-connected left knee and right knee disabilities each receive a separate 10 percent rating.

The Board has determined that the Veteran's low back, left knee, and right knee disabilities are not service-connected. The acquired psychiatric disability (including PTSD and Major Depressive Disorder) is also denied as there is no evidence of a nexus to service.

The Veteran's claims for increased ratings and TDIU were denied as the evidence did not support granting higher disability ratings or a TDIU based on his service-connected disabilities.

The Veteran's DDD of the lumbar spine was rated at 40 percent prior to June 13, 2012. The effective date for service connection of radiculopathy of the lower extremities is set at April 24, 2001.

The Board has remanded the case to the agency of original jurisdiction for further action, including obtaining medical records and providing a VA medical opinion regarding the Veteran's back disability.

The Board has reopened the claim of service connection for a low back disorder and granted a rating increase to 30 percent for ulnar nerve disability, effective from September 1, 2012. The reduction in rating was proper as there was improvement evidenced by VA examination reports.

The Board denied the Veteran's claims for service connection for lumbar spine, cervical spine, bilateral foot, and skin disorders. The evidence did not support a finding of in-service injury or disease that could be linked to these conditions.

The Board found that the Veteran's current lumbar spine and associated left lower extremity neurological disabilities are not due to an injury or disease incurred in active service.

The Board finds that the Veteran does not have a current back disability attributable to military service and denies his claim for service connection.

The Board has determined that the Veteran's low back disability is more likely than not related to his service-connected left and right knee disabilities, granting service connection for this condition.

The Board has determined that the Veteran's low back disability is related to his military service and grants service connection for this condition.

The Board has remanded the case for further development, including obtaining VA treatment records and providing an addendum opinion to determine the etiology of the Veteran's migraine headaches.

The Board has determined that the Veteran's low back disability is related to his active service, including his military duties and a 1993 automobile accident. As such, the claim for service connection is granted.

The Veteran's appeal is remanded due to scheduling issues for a Board hearing. The specific service connection or exposure basis details are not provided in the decision.

The Veteran's appeal for an effective date earlier than February 6, 2009 for service connection of right L5 radiculopathy was denied. The claim for higher initial evaluations for lumbosacral spine disability prior to April 17, 2002 and in excess of 40 percent thereafter after February 6, 2009 is also denied.

The Board has decided to take jurisdiction over the claim of service connection for a cervical spine disability, to include as secondary to a service-connected lumbar spine disability and the reopened claim for service connection for right ear hearing loss. The issues of an increased rating for the service connected lumbar spine disability are REMANDED to the Agency of Original Jurisdiction (AOJ).