Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's lumbar strain, which is a current disability, was incurred during his active duty for training in 2005. The Board found that there was continuity of symptomatology from service to the present and established a nexus between the current condition and service.

The Board has remanded the case for additional development, including obtaining VA treatment records from 1972 to 2012 and private treatment records related to a motor vehicle accident. The Veteran's claims for service connection for low back disability and migraines will be reconsidered based on this new evidence.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the nature and etiology of his right knee disorder and low back disorder. The case will be returned to the Board after completion of this development.

The Board found that the Veteran's claimed conditions, including migraine headaches, left knee disability, right knee disability, low back disability, sciatic nerve disability, and depressive disorder, are not related to service. The preponderance of evidence did not support a finding of service connection for any of these conditions.

The Veteran's back disability is currently rated at 40 percent for the period beginning October 14, 2014. The Board has found that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for increased ratings for lumbar spine degenerative joint disease and right knee patellofemoral syndrome were denied as there was no evidence of ankylosis, favorable or unfavorable, at any level of the spine. The Veteran's range of motion testing did not indicate limitation sufficient to warrant a 20 percent or higher evaluation.

The Board has remanded the case for further development and adjudicative action, including scheduling a VA examination to assess the current severity of the Veteran's lumbar strain.

The Board has denied the Veteran's claims for increased ratings for his service-connected degenerative disc disease of L4-5 and L5-S1 with intervertebral disc syndrome. The criteria for a higher rating have not been met in either period.

The Board granted a disability rating of 40 percent for the right lower extremity radiculopathy and 20 percent for the left lower extremity radiculopathy disabilities, effective from December 11, 2014 to June 1, 2015. The Veteran's TDIU claim was also granted.

The Veteran's claims for increased ratings for his right knee and thoracolumbar spine disabilities are being remanded due to the need for additional examinations.

The Veteran's back disability, including degenerative disc disease and degenerative joint disease, is at least as likely as not etiologically related to the Veteran's active service. The Board finds that the criteria for service connection are met.

The Veteran's claim for a higher rating for chronic lumbar strain with facet syndrome and spondylosis has been denied as his condition does not meet the criteria for an increased disability rating.

The Board has determined that the Veteran's low back disability and bilateral hearing loss are both incurred in active service.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The case will be returned to the Board after the hearing.

The Veteran's low back strain has been rated at 40 percent since October 19, 2010. The increased ratings for chondromalacia patella of the left and right knees are being remanded.

The Board granted a 40 percent rating for lumbosacral strain with IVDS effective August 8, 2013. The Veteran's claim for TDIU remains pending.

The Veteran's appeal has been withdrawn by the Veteran and his representative, resulting in the dismissal of the appeal.

The Board has determined that a new VA examination is needed to determine the nature and etiology of any currently present back disability, including whether it is related to the Veteran's active service. The case will be remanded for this purpose.

The Veteran's appeal is denied as his service-connected disabilities do not meet the criteria for a higher rating or service connection for an acquired psychiatric disorder, bilateral hearing loss, sinusitis, peptic ulcer disease, radiculopathy of the left upper and lower extremities, degenerative arthritis of the cervical and lumbar spine.

The Veteran's appeal is being remanded due to an outstanding videoconference hearing request. The case will be scheduled for a videoconference hearing before the Board.