Back / lumbar spine decisions — 2017

The Board has determined that a 20 percent rating is warranted for the service-connected lumbar spine disability prior to January 19, 2017.

The Board found that the Veteran's Degenerative Disc Disease (DDD) was not incurred in or aggravated by active military service, is not secondary to a service-connected disability and may not be presumed to have been incurred in service.

The Board has remanded the claims for a higher rating and TDIU prior to August 29, 2006 due to incomplete development of evidence. The Veteran is required to provide additional information or authorization for any outstanding private medical records.

The Veteran's appeal for a disability rating in excess of 10 percent for lumbar spine DJD has been dismissed as the Veteran withdrew his appeal.

The Board found that a low back disability was not incurred in or aggravated by the Veteran's active duty service, nor may it be presumed to have been so incurred or aggravated.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examination reports and unobtained medical records.

The Board finds that the Veteran's low back disability is at least as likely as not related to his military service, and thus grants service connection for a lumbar spine disorder.

The Veteran's back disability is granted service connection, and his GERD claim will be remanded for further development.

The Board has remanded the case due to a need for additional development, including obtaining updated VA and private treatment records and scheduling the Veteran for a VA examination. The appeal is now pending again with the RO.

The Board has determined that the Veteran's low back disability and left ear hearing loss are not related to his service, and therefore denied these claims.

The Board has determined that the Veteran's low back, neck, and left shoulder disabilities were not incurred in or aggravated by service. The medical evidence does not support a connection between these conditions and his military service.

The Board has granted the Veteran's claims of service connection for PTSD, lumbar and cervical spine disabilities, and hepatitis C. The lumbar and cervical spine disabilities are considered to be directly related to service based on the evidence provided.

The Board has reopened the Veteran's claims for service connection for tinnitus, bilateral hearing loss, and degenerative disc disease of the lumbar spine. However, it denied these claims as there was no evidence linking the conditions to military service.

The Veteran's low back strain is found to be related to service, and he is granted direct service connection.,His left and right lower extremity radiculopathy are found to be caused by his service-connected lumbar spine disorder, and he is granted secondary service connection.,There is no evidence of residuals of a groin strain, and the Veteran's claim for this condition is denied.

The Board has remanded the case due to scheduling issues for a videoconference hearing at the Newark RO. The Veteran's claims of service connection for low back and right knee disorders are pending.

The Board has dismissed the Veteran's appeal on the issue of entitlement to an initial compensable rating for bilateral pes planus with myofascial syndrome for the period prior to January 9, 2013. The claim for service connection for degenerative disc disease of the cervical spine with left radiculopathy was denied as there is no evidence of a chronic condition during service or an applicable presumption period and continuity of symptoms after service could not be established.

The Veteran's thoracolumbar strain with intervertebral disc syndrome is currently rated at 40 percent disabling after May 2014, and the cervical spine disability remains at a 20 percent rating. The Veteran does not meet criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal is remanded due to the need for adjudication of a claim regarding CUE in a March 1994 rating decision, which may impact his current effective date appeal.

The Board has determined that new and material evidence was not received to reopen the claims for service connection of bilateral hearing loss, tinnitus, right knee disorder, left knee disorder, residuals of a right eye injury, and pseudofolliculitis barbae. The lumbar spine disorder claim is reopened but denied as there is no medical evidence showing it is related to service.

The Board has found new and material evidence to reopen the Veteran's claim for service connection for a low back strain. The criteria for an award of service connection have been met, with the opinion being in favor of the Veteran.