Back / lumbar spine decisions — 2016

The Veteran's appeal for service connection for a back disability has been withdrawn prior to the Board making a final decision.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and issuance of an SOC for certain claims.

The Board has determined that the Veteran's claimed respiratory disorder, back disability, hypertension, and gout are not related to service or any presumptive exposure basis.

The Board has granted service connection for lumbar spine DJD and cervical spondylosis effective June 26, 2007. The Veteran is also entitled to separate disability ratings for bilateral upper extremity and lower extremity peripheral neuropathy, neurogenic bladder, and impairment of sphincter control effective December 11, 2012.

The Veteran's service separation form shows he had continuous active service from January 5, 1961 to December 27, 1962. However, his service ended before the start of the Vietnam era and does not meet the criteria for qualifying wartime service as required by law.

The Board has determined that the Veteran does not have a current disability of the back and therefore, service connection for a back disability cannot be granted.

The Veteran's lumbosacral strain with degenerative changes was granted a 20 percent evaluation effective April 12, 2010. The claim for higher evaluations prior to that date remains on appeal.

The Board found that there is no evidence linking the Veteran's COPD, low back disorder, or arthritis of the right knee to his military service. The claims for these conditions were denied.

The Board denied the Veteran's claim of service connection for a low back disability, finding that there was no evidence of chronic low back condition in service or within one year after separation from service. The current low back disability is not shown to be related to an inservice injury.

The Board finds that the Veteran does not have a current low back or cervical spine disability, and thus service connection for these conditions is denied.

The Veteran's claims for service connection for a low back disorder, as secondary to his right knee pain, post-operative; and for an increased rating for his right knee pain are being remanded. Additionally, the TDIU claim is also being remanded.

The Board has remanded the case for additional development due to inadequate examination and incomplete record, including a need for clarification of the relationship between any in-service motor vehicle accident and the Veteran's current low back disorder.

The Veteran's low back disability was evaluated at a 20 percent rating prior to July 14, 2010. From July 14, 2010 to April 16, 2013, the Veteran received a 40 percent rating for his service-connected lumbar spine disability. Since then, he has been rated at 60 percent.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations to assess the severity of his low back disability and fibromyalgia, and obtaining a VA opinion regarding the relationship between his bilateral plantar fasciitis and service-connected fibromyalgia.

The Board has determined that the Veteran's current low back disorder is not related to her active military service and therefore denied her claim for service connection.

The Veteran's appeal is being remanded for further development, including a new examination to evaluate his lumbar spine disability. The issue of entitlement to a higher rating remains pending.

The Veteran's degenerative arthritis of the lumbar spine does not meet or approximate the criteria for a rating in excess of 10 percent under any applicable diagnostic code.

The Board has remanded the case due to incomplete records and a need for additional development, including obtaining treatment records from Northern Rockies Neurosurgeons and requesting an addendum VA medical opinion.

The Board has determined that the Veteran's lumbar spine and bilateral hip disabilities were not incurred or aggravated by service, including his right foot heel spur with plantar fasciitis.

The Board finds that service connection for cervical spine degenerative disc disease and degenerative joint disease is granted, as the evidence supports a finding of continuity of symptomatology since service.