Back / lumbar spine decisions — 2016

The Board finds that the Veteran's current low back disorder is not related to his in-service injury, and thus service connection cannot be established.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent, effective August 28, 2015. The rating takes into account the presence of incapacitating episodes and right lower extremity radiculopathy.

The Board has granted the Veteran's claims for an effective date of March 24, 2006 for service connection and a temporary total evaluation due to convalescence following his cervical spine surgery.

The Board found that the Veteran's current back disability is not related to his active military service or periods of ACDUTRA, and that any pre-existing condition did not increase in severity during these periods. Therefore, the claim for service connection was denied.

The Board found that the Veteran's back disability did not have onset during active service or within one year of service discharge and is not otherwise etiologically related to active service, including a September 1967 report of back pain.

The Veteran's increased rating claim for lumbosacral strain with degenerative disc disease and scoliosis is being remanded due to the need for further examination and review of VA treatment records.

The Veteran's tinnitus had its onset in service and has been recurrent since then, warranting service connection. The remaining claims for lumbar spine disorder, sciatic nerve disorder, left shoulder disorder, and TBI residuals are addressed in the REMAND portion of the decision.

The Veteran's appeal is being remanded to obtain updated VA treatment records, Social Security Administration (SSA) records, and reschedule the Veteran for an examination regarding his right knee disability. The claim will be adjudicated again after obtaining these records.

The Board finds that the Veteran's lumbar degenerative disc disease and right leg/hip disability are not related to his military service, and thus denies both claims.

The Veteran's appeal is being remanded due to the need for additional VA examinations and the provision of relevant medical records. The issues regarding his right shoulder, lumbar spine, and left heel spur are not yet resolved.

The Board has remanded the Veteran's claims due to incomplete records and need for additional examinations. The case will be returned to the AOJ for further action.

The Veteran's appeals for higher initial ratings and an earlier effective date were denied. The appeal regarding the lumbar spine disability, cervical spine disability, right shoulder sprain, left ankle sprain, allergic rhinitis, and tension headaches is pending.

The Board finds that the Veteran's claimed conditions are not related to her military service, and therefore denies all claims for service connection.

The Board has determined that the Veteran's neck injury and headaches did not have their onset in service or within a year of discharge, and there is no credible evidence linking these conditions to military service.,There is insufficient evidence to establish a link between any diagnosed psychiatric disorder and military service.

The Board found that the Veteran's right knee and low back disabilities were not incurred during active service, including periods of ACDUTRA or INACDUTRA. The current diagnoses are not related to service.

The Veteran's service-connected disabilities (mood disorder, lumbosacral strain, migraines, hepatitis C, right and left foot bunions, and pes planus) do not prevent her from obtaining and maintaining substantially gainful employment.

The Board found that the Veteran's back condition is not caused or aggravated by his service-connected knee disabilities, and thus denied the claim for secondary service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records, Social Security Administration (SSA) documents, USPS records, and a supplemental statement of the case on his TDIU claim.

The Veteran's low back disability has not been shown to warrant a rating in excess of 20 percent prior to August 18, 2009. The evidence does not support a higher rating based on the degree of flexion or range of motion.

The Board has ordered additional development due to the need for a VA examination to assess the severity of the Veteran's cervical spine disability, including any associated objective neurologic abnormalities. The appeal is remanded to allow for this assessment.