Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's current low back disability is not causally or etiologically related to his active service. The evidence does not support a finding of a relationship between the Veteran's low back disability and his period of service.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds no basis to grant a higher rating. The Veteran's psychiatric disorder claim remains pending as it is unclear whether service connection should be granted.

The Board has determined that the Veteran's claims of service connection for various conditions, including a dorsal spine disability, degenerative lumbar spine disorder, head injury/traumatic brain injury, memory loss, right ear and eye fluttering, acquired psychiatric disorder (to include depression), cervical spine disability, left leg disorder to include genu varum of the knee, pulmonary disability to include asbestosis, generalized arthritis, right leg disorder to include genu varum of the knee, and migraine headaches have been denied. The Board found that there was no evidence showing a direct connection between these conditions and service.

The Veteran's appeal is being remanded due to the need for additional examinations and records, particularly regarding his right shoulder disability. The issues of service connection for a back disability and rating for right shoulder impingement syndrome are pending.

The Veteran's claim for service connection of PTSD is reopened, and his headaches are rated at 30 percent. His lumbar degenerative arthrosis and radiculopathy are each rated at 10 percent. The Board finds that the Veteran is unemployable due to his disabilities and grants TDIU on an extraschedular basis.

The Board found no evidence of a back disability or bilateral hearing loss incurred in service, and denied the Veteran's claims for service connection.

The Board has remanded the case for further development, including an addendum VA medical opinion to determine if the Veteran's lumbar spine disability is aggravated by his service-connected left and right knee disabilities.

The Board has determined that the Veteran's current low back disability, including degenerative arthritis of the spine, intervertebral disc syndrome, L4 to L5 spondylolisthesis, spinal stenosis, and scoliosis, is presumed to have been incurred in service.

The Veteran's claim for increased ratings for his back disability is being remanded due to the need for a new VA examination and consideration of recent private treatment records.

The Board denied a request for an effective date prior to January 15, 2008 for the award of service connection for lumbar spine disability. The Veteran's claim was granted in June 2008 with an effective date set at that time.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for thoracolumbar spine, cervical spine, right shoulder, and acquired psychiatric disorders. The claim is granted as her current disabilities are found to be related to her military service.

The Veteran's current varicose veins were found to have originated during his active service. The Board has determined that the criteria for establishing service connection for a low back disability are met, and thus service connection is granted.

The appeal has been withdrawn by the appellant's representative before a decision was made.

The Board has determined that the Veteran's low back disability did not originate in service or until more than one year after discharge, and is not otherwise etiologically related to service. As a result, the claim for service connection for low back disability is denied.

The Board found that the Veteran's degenerative disc disease status post lumbar fusion was not incurred in or aggravated by active service, and denied his claim.

The Board denied the Veteran's claims of entitlement to service connection for vision disorder, low back disorder, asthma, and hypertension. The Board found no evidence of a superimposed disease or injury related to refractive error of the eyes during service, and there is no competent evidence linking any other eye disability to active service. For the low back disorder, the Board noted that arthritis was not shown within one year after discharge from service, and there is no credible evidence of continuity of symptomatology for a low back disorder. Service connection was denied.

The Veteran's claims for increased ratings for his service-connected traumatic arthritis of the lumbar spine, left shoulder, and right hip have been granted.

The Board finds that the Veteran's unauthorized medical expenses incurred on May 21, 2008 at Memorial Hospital were eligible for reimbursement due to a medical emergency and unavailability of VA facilities.

The Board has remanded the case for additional development, including obtaining flight physical records and providing an opinion regarding the Veteran's skin conditions.

The Veteran's lumbar spine DJD was granted a 40 percent rating effective March 8, 2016.