Back / lumbar spine decisions — 2016

The Board found that the Veteran's current low back disorder is not related to service or a service-connected disability, and thus denied his claim.

The Veteran's lumbar spine disability is currently rated at 20 percent, the maximum schedular rating available under DC 5242. The Board finds that this rating adequately reflects the severity of his service-connected lumbar stenosis with DDD.

The Veteran's claimed conditions, including degenerative joint disease of the lumbosacral spine, coccyx fracture residuals, metabolic acidosis, diabetes mellitus, peripheral neuropathy, and right foot disorder, were not incurred or aggravated by service. The claims are denied.

The Veteran's service connection claim for degenerative disc disease affecting the entire spine is denied as there is no credible evidence of an in-service injury, and the only competent opinion evidence does not support a relationship between current DDD and service.

The Veteran's service-connected lumbar strain and cervical spine conditions have not met the criteria for a higher initial rating at any point during the appeal period.

The Veteran's neck disability was rated at 30 percent effective October 1, 2015.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination. The Veteran's claim of service connection for a lower back disorder will be reconsidered based on the new evidence.

The Board has determined that the Veteran's back disability began during active duty and was aggravated by a motor vehicle accident during ACDUTRA service. The claim for erectile dysfunction is remanded as the Veteran did not file a notice of disagreement on the correct form.

The Veteran's lumbar spine disability is rated at 40 percent, effective October 3, 2012. The rating reflects the severity of his condition based on functional impairment and pain.

The Veteran's claim for an increased rating for chronic lumbar strain was denied as the evidence did not show that his disability warranted a higher rating than the current 20 percent.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by active duty service and is not related to any incident of active duty service. The current cervical spine disability is considered a direct result of post-service injuries, including motor vehicle accidents.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination with an orthopedist to determine the likely etiology and onset of the Veteran's current low back disorder.

The Veteran's appeal has been remanded for additional examinations and development. The issues of service connection for diabetes mellitus, type II, to include as due to exposure to an herbicidal agent, have been withdrawn by the Veteran.

The Veteran's claim for service connection for hepatic steatosis due to contaminated water exposure at Camp Lejeune was denied. The VA examiner found no causal relationship between the Veteran's current liver condition and his in-service exposure.

The Board has reopened the claim for service connection of a low back disability and granted it, finding that there is sufficient evidence to relate the current condition to active service.

The Board has remanded the case due to scheduling issues and will handle it at the earliest available opportunity.

The Veteran's claims for higher initial ratings were granted, with the right foot pes planus receiving a 10 percent rating prior to February 10, 2015 and a 20 percent rating thereafter. The lumbar spine disability received a 10 percent rating throughout the appeal period. The right hip disability also received a 10 percent rating.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for a back condition. The Veteran's current back disability is related to injuries sustained during periods of active duty training (ACDUTRA) in service, and the Board finds that service connection should be granted.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining a new VA examination for his left knee disability and issuing supplemental statements of the case addressing all issues on appeal.

The Board has received a request to withdraw the appeal, thus dismissing the case.