Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims for service connection for bilateral hearing loss and right hand strain with mild degenerative joint disease, finding no evidence of a current disability or causal link to service. The claim for lumbar spine strain was denied as new and material evidence had not been submitted.

The Veteran seeks service connection for a low back disability that he claims is secondary to his service-connected right and left knee disabilities. The case is being remanded due to the need for an addendum opinion regarding whether the Veteran's degenerative arthritis of the thoracolumbar spine was caused or aggravated by his knee disabilities.

The Board has determined that the Veteran's service-connected disabilities, including obstructive sleep apnea, polycythemia, right and left knee arthroplasties, degenerative disc disease of L4-5, left forearm scar, and abdomen scar, preclude him from securing or following a substantially gainful occupation.

The Board has remanded the Veteran's claims due to incomplete records and need for additional medical opinions.

The Veteran's claim for increased ratings for his low back strain and bilateral pes planus was denied. The Board found that the evidence did not support a higher rating for either condition.

The Board has determined that the Veteran's claims for service connection for various conditions, including radiculopathy of the bilateral lower extremities, fibromyalgia, peripheral neuropathy of the bilateral lower extremities, irritable bowel syndrome, a cervical spine disability, chronic fatigue syndrome, and PTSD are denied. The evidence does not support these claims.

The Veteran does not have a current disability attributable to VA treatment received in April 2005, and compensation under 38 U.S.C.A. § 1151 for additional disability as a result of VA treatment is denied.

The Board found that the Veteran's low back disorder is not related to his military service and denied his claim for service connection.

The Veteran's appeal for service connection of a lower back condition has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has granted a 40 percent rating for the Veteran's lumbar spine disability and right lower extremity radiculopathy, finding that these conditions meet the criteria for such ratings based on their functional impact.

The Veteran's squamous cell carcinoma of the base of the tongue/throat and related residuals are service-connected due to exposure to contaminated water from Camp Lejeune. The metastatic lymphadenopathy is also service-connected as it was a result of his primary cancer.,His depressive disorder is service-connected on a secondary basis, as it developed as a result of his service-connected cancer. His low back disability is service-connected based on the in-service trauma he experienced during parachute training.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide an addendum opinion regarding the etiology of his claimed disabilities.

The Veteran's service-connected low back disability is rated at 10 percent, effective October 10, 2009. The Board found no evidence to support a higher rating or service connection for his cough.

The Board has remanded the appeal for additional development due to missing service treatment records from October 2001 to July 2002. The Veteran's claims for bilateral hearing loss, tinnitus, and cervical spine disability will be reconsidered after obtaining relevant records.

The Board has reopened the claims of service connection for a bilateral knee disability and low back disability, but denied the claim for compensation under 38 U.S.C.A. § 1151 for residuals of a stroke. The right shoulder disability rating issue is being remanded.

The Veteran's service connection for lumbar strain, lumbar degenerative disc disease, and lumbar degenerative joint disease is granted as it is determined that the current disabilities are due to a back injury sustained during active duty.

The Veteran's service-connected disabilities and vocational background have not prevented him from obtaining or maintaining substantially gainful employment prior to February 12, 2014.

The Board has granted service connection for a lumbar spine disorder, finding that the Veteran's current condition is at least as likely as not related to his military service. The decision resolves all doubts in favor of the Veteran.

The Veteran's appeal for a TDIU and increased ratings for lumbosacral degenerative arthritis and PTSD has been dismissed. The Board finds that the preponderance of the evidence is against an increase in disability rating for PTSD prior to September 12, 2016, and since then, as well as for lumbosacral degenerative arthritis.

The Board has decided to remand the case for additional development, including obtaining medical records and providing an addendum opinion from a VA examiner.