Back / lumbar spine decisions — 2016

The Board has decided to remand the case for additional development, including obtaining medical records and attempting to obtain Social Security Administration disability benefits records. The Veteran's claim will be reconsidered based on all evidence.

The Board found insufficient evidence to support service connection for the Veteran's low back disability, concluding that it is less likely than not related to his in-service injuries. The Veteran's current disability was diagnosed through x-ray examinations and he reported experiencing pain since discharge from service.

The Veteran's appeal of the May 2011 rating decision and his right foot disorder claim have been dismissed due to withdrawal. The right foot issue is being remanded for further examination.

The Veteran's lumbar spine disability is found to be related to his in-service activities, and the claim for service connection is granted.

The Veteran seeks service connection for a lumbar spine disability. The Board finds the January 2013 VA examination report and associated opinion to be inadequate, as it does not address whether any currently diagnosed lumbar spine disability clearly and unmistakably preexisted service or increased in severity during service.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically for joint stiffness. The Board finds that the evidence does not support a finding of current disability upon which to predicate a grant of service connection.

The Board has determined that service connection is not warranted for the residuals of food poisoning and a low back disability. The claims for heart disorder, hypertension, neck gunshot wound residuals, and head trauma residuals are also denied.

The Board found that the Veteran's claimed disabilities, including right shoulder, back, neck, right knee, and left knee disabilities, were not incurred in or aggravated by his active duty military service. The claims for service connection were denied as there was no evidence of a nexus between the current disabilities and service.

The Board has determined that the Veteran's current back disability was not incurred in or caused by his active service, and therefore denied the claim for service connection.

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The Board found that the Veteran's current low back disability is not related to service, including his in-service injuries. The VA examiners concluded that the Veteran's symptoms are more likely due to age-related degenerative changes rather than a connection to service.

The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis of the thoracolumbar spine, is related to an in-service injury and grants service connection for this condition.

The Board has remanded the case for additional development due to inadequate VA medical opinions regarding whether the Veteran's lumbar spine disorder is related to his service-connected right knee disability.

The Veteran's major depressive disorder has been rated at 50 percent since October 2007, and his low back disability has been rated at 40 percent since February 3, 2003. Both conditions have been granted effective from January 24, 2007.

The Veteran's claim for an effective date earlier than March 13, 2009 for service connection for degenerative disc disease (DDD) of the cervical spine with fusion and retained hardware from C3-4, C 4-7, and C7 to T2 was denied. The Board found that no document prior to March 13, 2009 could be construed as a claim for service connection for this condition.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a low back disability, leg cramps, and a bilateral leg disability. The decision found that there was no clear and unmistakable evidence of pre-service existence for leg cramps and that the right knee meniscus tear and bilateral knee degenerative joint disease were not related to service-connected conditions.

The Veteran's lumbar spine disability is currently rated at 40 percent disabling, effective April 30, 2009. The Veteran's sciatica of the bilateral lower extremities are each rated at 10 percent disabling.

The Board has granted service connection for the Veteran's right knee disability as secondary to his service-connected left knee disabilities. The lumbar spine and right lower extremity neurological disabilities are not found to be related to service or due to service-connected left knee disabilities.

The Board has remanded the case due to incomplete records and requests for additional evidence. The Veteran's claims for service connection are pending.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for a VA examination to assess his lower back disability. The claims will be readjudicated after the additional development.