Back / lumbar spine decisions — 2017

The Board has remanded the case for further development, including obtaining additional medical records and providing an opinion on the etiology of the Veteran's back disability.

The Veteran's service-connected disabilities, including his herniated nucleus pulposus, lumbosacral strain and degenerative changes, diabetes mellitus, bilateral retinopathy with cataracts associated with diabetes mellitus, residuals of a fractured phalanx, right third toe, high frequency hearing loss of the left ear, and malaria, preclude him from securing and following substantially gainful employment. The Board finds that the evidence is in relative equipoise that the Veteran is unable to obtain or maintain substantially gainful employment by reason of his service-connected disabilities and grants TDIU on an extraschedular basis.

The VA Board has determined that the Veteran's current lumbar condition is not service-connected and does not meet the criteria for a TDIU.

The Board found no evidence of a low back disability during service or within one year post-service, and concluded that the Veteran's current condition is not related to his military service.

The Board has determined that the Veteran's left wrist and low back disabilities were not incurred or aggravated by service, nor are they proximately due to or aggravated by his service-connected right ankle or right knee disabilities. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the Veteran's back, left knee, and right knee disorders are not service-connected as they are not causally or etiologically related to his military service.

The Veteran's low back disability has been rated at 20% since March 14, 2017. The evidence does not support a higher rating as the condition did not meet criteria for ankylosis or incapacitating episodes requiring bed rest.

The Board denied the Veteran's claim for service connection for degenerative disc disease of the cervical spine, finding that it was not related to his active duty service or any service-connected disabilities.

The Veteran's claims for service connection are being remanded due to the need to obtain his separation examination report and determine if any of the claimed disabilities were related to his active service.

The Board denied a rating in excess of 40 percent for the Veteran's chronic lumbar strain, finding that the evidence did not support an increase due to lack of unfavorable ankylosis or significant effects on employment.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical examinations and securing outstanding treatment records.

The Board has determined that the Veteran's low back disability is not related to his military service and therefore denied his claim for service connection.

The Board denied the Veteran's claim for service connection for a right ankle condition and found that his lumbar strain with degenerative disc disease warrants a 40% rating, which is the maximum available under the applicable VA rating criteria.

The Veteran's claims for right ear hearing loss, left ear hearing loss, acquired psychiatric disability, heart disability, extremity numbness, dizziness, eye disability, leg disability, back disability, and neck disability are all denied as the evidence does not support a connection to service or any incident of service origin.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Veteran's degenerative lumbar disc disease, headache disorder, and hemorrhoids are found to have had their onset during service. Service connection is granted for these conditions.

The Board has remanded the case for further development, including verification of all periods of service and VA medical opinions to determine if any current back, shoulder, or hand conditions are related to active duty.

The Veteran's lumbar spine disability is rated at 20 percent, effective from the date of the January 2010 rating decision. The right hip disability claim was recharacterized and remains pending.

The Board has reopened the Veteran's claim for service connection for a low back strain and granted it, finding that new evidence supports the claim.

The Board has granted service connection for right hip and lumbar spine disabilities as secondary to the Veteran's service-connected right knee disability.