Back / lumbar spine decisions — 2017

The Veteran's appeal has been dismissed for the issue of service connection for bilateral carpal tunnel syndrome. The Board found that his PTSD warrants a 70 percent disability rating, but not higher.

Service connection for a back condition was denied in May 2008 and remains denied.,Service connection for bilateral foot disorder has been reopened but remains denied. Evidence received since the November 1992 rating decision is new and material, raising a reasonable possibility of substantiating the claim.

The Veteran's service-connected major depression disorder has been granted a 30 percent rating, effective October 29, 2011.

The Veteran's appeal is being remanded due to his failure to attend a scheduled hearing. The issues of service connection for lower back, right ankle, left ankle, and respiratory conditions (including asthma) are still pending.

The Veteran is seeking an increased rating for his low back disability. The case has been remanded due to the need for a new examination and additional development of the record.

The Board has reopened the Veteran's claim for service connection for a low back disability and granted it. The acquired psychiatric disability claim is remanded for further development.

The Board has determined that the issues of entitlement to service connection for a right hip condition and a low back disability are not properly characterized, as they may be related to service-connected right knee strain. The Veteran's claims must therefore be remanded for further development.

The Board has reopened the Veteran's claim for service connection for a neck condition and remanded the issues of service connection for an upper back disorder, reopening of the neck condition claim, and TDIU. The case is now before the AOJ for further development.

The Board finds that the Veteran's back disability had its onset in service and has continued since, supporting a grant of service connection.

The Board denied the Veteran's claims of service connection for a low back disorder and left knee disorder, finding that there was no clear and unmistakable evidence to rebut the presumption of soundness at entry into service and that any current conditions were not related to military service.

The Veteran's service-connected musculoskeletal disabilities caused or contributed to his increased frequency of falls, which led to a hip replacement and subsequent infections. The Board finds that the service-connected conditions are the principal cause of death.

The Veteran's appeal is being remanded for a new VA examination to determine the nature and etiology of his bilateral knee, back, hip, and right hand disorders. The examiner will assess whether it is at least as likely as not that these conditions were incurred in or aggravated during service.

The Board has determined that the Veteran's right shoulder disorder, bilateral foot disorders, and low back disorder are related to his service. The evidence is at least in equipoise as to whether these conditions were incurred during active duty.,Service connection for a right shoulder disorder (rotator cuff tendonitis), bilateral foot disorders (hammer toes, hallux valgus, hallux rigidus, pes cavus), and low back disorder (DJD of the lumbar spine) is granted.

The Board has determined that the Veteran's current lumbar strain with disc bulge at L5 is as likely as not due to back problems that began during his period of active service, and thus grants service connection for this condition.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for additional development, including a new VA examination with range of motion testing in active and passive motions.

The Board found that the Veteran's current cervical and lumbar spine disabilities are not related to his military service, as there is no evidence of such conditions during or immediately following service. The VA examiner opined that the current disabilities are more likely due to post-service injuries.

The Veteran's appeal is being remanded for further development, including a new VA spine examination and consideration of the TDIU issue. The case will be returned to the Board after these actions are completed.

The Board has remanded the case for additional development, including obtaining a new VA examination and addendum opinion to address the Veteran's claims for service connection for an acquired psychiatric disorder (to include PTSD) and a low back disability.

The Veteran's claim for specially adapted housing is being remanded due to the need for additional development on her service-connected low back disability. The case will be returned to the Board after this development.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his low back disability and consideration of his TDIU claim.