Back / lumbar spine decisions — 2017

The Veteran's cervical disability was rated at 30 percent disabling throughout the appeal period. The Board found that the evidence did not support a higher rating based on orthopedic manifestations, as the range of motion findings were within the criteria for a 30 percent rating.

The Board has determined that the Veteran's cervical spine disability warrants a rating of 40 percent, effective September 21, 2017.

The Veteran's current cervical spine disability, including as secondary to the service-connected right shoulder disability, is found to be related to active service and granted.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for hair loss, joint pain (reopened), rash, back disability, STD, sleep apnea secondary to PTSD, bilateral hearing loss, and tinnitus. The Veteran's symptoms of these conditions are found to be related to his military service.

The Veteran's claims for a higher initial rating for lumbar sacroiliitis with left lumbar facet syndrome and TDIU are being remanded due to the need for additional examinations and opinions.

The Veteran's appeal has been withdrawn due to the appellant requesting withdrawal of his claims for service connection and increased evaluations. The Veteran is entitled to a total disability evaluation based on need for aid and attendance.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative arthritis of the lumbar spine, is related to his military service and therefore grants service connection for this condition.

The Veteran's prostate cancer and prostatitis, as well as his degenerative changes of the lumbar spine, are being remanded for additional development to determine if they are related to service.

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine and left knee strain are being remanded due to the need for additional development, including obtaining updated VA treatment records and any relevant private medical records.

The Board has determined that the Veteran's low back disability did not have its onset during service or is otherwise attributable to his active duty. The evidence does not support a finding of direct service connection.

The Board found that the Veteran's preexisting low back strain was 'noted' at service entrance and did not permanently increase in severity during service. As such, the claim for service connection for a low back disorder is denied.

The Board has remanded the case for further development and review due to insufficient medical opinions regarding the Veteran's back disorder.

The Board has determined that the Veteran's neck and back injuries are related to service, granting service connection for these conditions.

The Board finds that the Veteran does not have current diagnoses of a neck disability or bilateral leg disability other than his service-connected sciatic nerve radiculopathy. The Veteran's unspecified gastritis is rated at 10 percent, and his low back disability is currently rated at 60 percent. No increased rating is granted.

The Board found that the Veteran's low back disability is not related to his service, including a fall in 1975. The evidence does not support a finding of continuity of symptomatology and there is no credible evidence linking the current condition to service.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination and obtaining outstanding VA treatment records. The TDIU claim will be adjudicated again on remand.

The Board has remanded the case to schedule a new hearing for the Veteran due to his failure to appear at the previous scheduled hearing. The appeal is about reopening a previously denied claim of service connection for a lumbar spine disability.

The Board denied the Veteran's claim for an extension of her delimiting date for educational assistance benefits due to a lack of evidence showing she applied for and was granted such an extension.

The Veteran's claim for an effective date prior to April 23, 2013 for the award of service connection for degenerative arthritis of the spine was granted. The issue of entitlement to service connection for a kidney disability remains pending and will be addressed in the remand portion.

The Board found that the Veteran's low back disorder is not causally or etiologically related to her service, and it was not caused or aggravated by a service-connected disability. The VA examiner opined that there is no evidence linking the low back disorder to service.