Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's low back disability causes marked interference with employment and warrants an extraschedular rating of 10 percent from April 1, 2008.

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

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated as 40 percent, the bilateral pes planus as 30 percent prior to March 16, 2012, and PTSD as 70 percent thereafter.

The Board finds that the Veteran does not have a current disability of a low back disorder. The evidence shows no diagnosis or treatment for such condition during service and post-service records do not demonstrate any chronicity of this claimed disability.

The Board has remanded the case for additional development, including obtaining service records and medical opinions regarding the Veteran's low back disorder, bilateral hearing loss, bilateral tinnitus, and lung disorder.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and radiculopathy of the lower extremities, finding that the evidence did not support a higher rating based on the current manifestations of these conditions.

The Veteran withdrew his appeals for increased evaluations in all three issues before the Board.

The Board has remanded the claims for additional development, including obtaining outstanding medical records and scheduling VA examinations to address the Veteran's knee, back, and hypertension disorders. The Veteran will be provided another opportunity to submit private evidence or authorize VA to obtain it.

The Board has determined that the Veteran's current cervical spine degenerative disc disease with stenosis is related to his military service and grants service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a back condition. The Board finds that the Veteran's current low back disability, diagnosed as circumferential bulging disc at L4-5 and lumbar lordotic straightening, is related to his active duty service.

The Board has remanded the case for further development due to conflicting medical opinions and additional evidence.

The Veteran's service-connected low back strain was manifested by no more than subjective complaints of pain, occasionally radiating to the lower extremities with numbness, and decreased range of motion. The Board found that an evaluation in excess of 20 percent is not warranted.

The Veteran withdrew his appeal regarding the claim of entitlement to an increased rating for low back disability, and his representative also filed a motion to dismiss. As such, the Board has dismissed the appeal.

The Veteran withdrew their appeal for an increased rating of the service-connected lumbar spine disability.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his claimed disabilities.

The Board has requested a new VA examination to determine if the Veteran's current low back disability is related to service, including her diagnosed lumbar disc herniation in 2004. The case will be remanded for this purpose.

The Board granted service connection for a low back disability, finding that the Veteran's current condition is related to his active service. The appeal regarding bilateral hearing loss was dismissed due to withdrawal by the Veteran during the July 2014 hearing.

The Veteran's lumbar myalgia is rated at 20 percent since January 27, 2014. Service connection for rhinitis and an acquired psychiatric disability (including PTSD and generalized anxiety disorder) are granted. The muscle ache disability claim is denied.

The Board denied the Veteran's claims for increased ratings for his service-connected right lower extremity cellulitis with superficial phlebitis, left lower extremity cellulitis with superficial phlebitis, COPD, and lumbar spine degenerative disc disease.

The Board has determined that there is no credible and competent evidence linking the Veteran's lumbar spine disability to his active or reserve service, and thus denied the claim for service connection.