Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. He will also be scheduled for examinations to address the nature of his cervical spine disorder, right knee replacement with post-traumatic arthritis, lumbosacral spine degenerative disc disease and stenosis, status-post laminectomy, discectomy, and fusion, and bilateral hearing loss.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence, including a diagnosis of major depressive disorder during service and MRI results indicating brain abnormalities. The issues of service connection for various conditions are now considered on their merits.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and consideration of VA treatment records.

The Board found that the appellant's current low back disability is not due to an injury incurred in or aggravated by service, specifically ACDUTRA or INACDUTRA. The claim for service connection was denied.

The Veteran's claim for an increased rating for his lumbar spine disability was denied. The Board found that the evidence did not support a higher rating based on functional loss due to pain or other factors. For the right ear hearing loss issue, the claim was denied as new and material evidence had not been received within one year of the final denial in 1989.

The Veteran's claims for high cholesterol, arthritis (excluding of the left hand and left index finger), lumbar spine disorder, cervical spine disorder, and left knee disorder are denied as there is no evidence of a current disability related to exposure to contaminated water at Camp Lejeune.

The Board has reopened the Veteran's claim for service connection of a right knee disorder and granted it. The claims for left knee disability and low back disability are inextricably intertwined with the right knee claim and must also be remanded.

The Veteran's lumbar spine disorder is related to service, and the Board has granted service connection for this condition.

The Veteran's claims for left foot disability, right foot disability, and right leg disability were dismissed. The Board granted service connection for left knee strain and degenerative joint disease, as well as lumbar degenerative disk disease and bilateral lower extremity radiculopathy.

The Veteran's GSW of the lumbar spine is rated at a maximum 60 percent, effective September 13, 2012. The scars are not service-connected.

The Board has determined that proper notice was not provided prior to the initial decision and is therefore remanding the case for further action.

The Board has reopened the Veteran's claim for service connection for myositis, right lumbar paravertebral muscles and granted it. The acquired psychiatric disorder is also found to be related to his service-connected back condition.,VA will schedule the Veteran for a VA examination to determine if any diagnosed conditions concerning knee arthralgia and right ankle fracture and tibiotalar fusion are etiologically related to his now service-connected myositis, right lumbar paravertebral muscles.

The Veteran's death was not service-connected as his service-connected disabilities did not cause or contribute substantially to his death. The Appellant is therefore denied DIC benefits under 38 U.S.C. § 1318.

The Veteran withdrew his appeal for service connection of a back disability, and the Board dismissed the case as a result.

The Veteran's appeals for increased ratings for his thoracolumbar spine and sciatic nerve disabilities have been withdrawn.

The Veteran seeks service connection for bilateral knee and low back disabilities, alleging that these conditions are related to his military service. The Board has ordered additional development of the claims, including obtaining VA treatment records and scheduling a new VA examination.

The Veteran's bilateral hearing loss is related to service, but there is no evidence of a current low back disorder that began during or was caused by his military service.

The Board has dismissed the appeal as the AOJ found good cause for an extension of time to file a notice of disagreement, rendering the current appeal moot.

The Board found that the Veteran's service-connected low back disability, at its worst, only allowed for forward flexion to 15 degrees and did not meet the criteria for a higher rating.

The Veteran's thoracolumbar spine disability was rated at 20% prior to September 18, 2014 and at 40% from September 18, 2014 to June 22, 2015. Effective September 1, 2015, the Veteran's thoracolumbar spine disability was rated at 40%. Right lower extremity radiculopathy was separately rated at 10%.