Back / lumbar spine decisions — 2016

The Veteran's lumbar spine disability was rated at 20 percent effective June 24, 2011. The Board found that the evidence did not show flexion of less than or equal to 30 degrees on this date.

The Board found no evidence of a chronic low back disorder in service or within one year after separation, and concluded that any current low back disorders are not related to service.,Service connection was granted for hepatitis B and C as secondary to herbicide exposure.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not service-connected as they do not meet the criteria for direct service connection due to lack of evidence linking these conditions to his military service.

The Board has granted service connection for the Veteran's lumbar spine disability and cervical spine disability, finding that these conditions were caused or aggravated by events in service. The claim for a shoulder disability is remanded due to incomplete records.

The Board finds that the Veteran's service-connected disabilities, including his right sciatic nerve paralysis and other conditions, contributed substantially to his death from an intracranial hemorrhage. As a result, the appeal is granted.

The Board has remanded the Veteran's claims due to incomplete development, including obtaining records from SSA and VA, verifying periods of active duty for training (ACDUTRA), and providing additional opinions regarding service connection.

The Board has decided to remand the case for additional development, including obtaining SSA records and service personnel records. The Veteran's back disorder claim will be reconsidered based on this new information.

The Board has determined that the Veteran's cervical spine disorder is secondary to his service-connected left lower extremity radiculopathy disability. However, there is no current diagnosis of upper extremity radiculopathy and the right shoulder disorder is not related to service or a service-connected condition.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for a low back disability and right ear hearing loss. The case is REMANDED to obtain an addendum opinion from the April 2016 examiner who conducted the Veteran's back examination, as well as a VA examination for his right ear hearing loss.

The Board has granted service connection for the Veteran's claimed conditions, including colitis, thoracic scoliosis, low back pain, polyarthritis of bilateral elbows and knees (claimed as rheumatoid arthritis), nephrolithiasis (kidney stones), a disability manifested by loss of balance, difficulty walking, standing, sitting, dehydration, suppressed immune system, and extreme fatigue due to Remicade infusion, pancreatitis, and restless leg syndrome. The effective date for these service connection decisions is not specified.

The Board denied increased ratings for the Veteran's service-connected fibromyositis of the lumbosacral paravertebral muscles with overlapping degenerative disc disease, left arm scar, and residuals of fracture of the right middle finger. The claim for service connection for an acquired psychiatric disorder was also denied on the merits.

The Veteran's lumbar spine disability is rated at 20 percent since February 12, 2015. The Board finds that the criteria for a higher rating are met as of September 9, 2010.

The Board found that the Veteran's low back disability did not have its onset in service and is not otherwise related to service. The claim for service connection was denied.

The Veteran's claims for service connection for low back disorder and body cramps are being remanded due to the need for additional development, including VA examinations.

The Veteran's low back disability has been rated at 40 percent since May 4, 2010. The rating is based on limitation of motion consistent with flexion limited to 30 degrees or less.

The Board found that the reduction in the evaluation for the Veteran's lumbar spine disability from 40 percent to 20 percent was improper due to lack of improvement in his condition.

The Board has determined that the Veteran's current bilateral hearing loss disability is service-connected, but remanded for further development regarding his claims of hepatitis C and low back disability.

The Board found no current diagnoses for the claimed low back, skin, or hypertension disabilities and thus denied service connection.

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

The Board has determined that the actual dates of service are unclear and needs to be verified. The Veteran's claims for sinusitis, low back disability, and headache disability will need further examination and medical opinions based on the verified service dates.