Back / lumbar spine decisions — 2017

The Veteran's neck disability, including cervical spine strain, spondylosis, and degenerative disc disease, was granted service connection effective October 30, 2006.

The Veteran's right ear hearing loss and lumbar degenerative joint disease with intervertebral disc syndrome are service-connected, but the Veteran does not meet criteria for a higher rating for his acromioclavicular joint condition.

The Board denied the Veteran's claims for service connection for headaches and a back disorder with a pinched nerve, finding no current diagnosis of headaches related to active duty service.

The Board found that the Veteran's current low back, right knee, and left knee disabilities were not incurred or aggravated by his active service. The evidence did not show continuity of symptoms since service or a link to service.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's joint disabilities, including low back pain, knee arthritis, and elbow inflammation, were not incurred or aggravated by active duty service. The Board finds that the current diagnoses are more likely related to post-service injuries and job-related activities.

The Board denied an extraschedular evaluation for lumbosacral strain and did not find the appellant unemployable due to service-connected disabilities.

The Board finds that the Veteran's current back disability is not related to service and instead related to a post-service injury in 1988, resulting in compression fractures with degenerative joint disease. Therefore, service connection for the back disability is denied.

The Veteran's TDIU claim is being remanded for additional development to consider the impact of his newly service-connected lumbar spine and associated radiculopathy on his ability to work.

The Board has remanded this case for a personal hearing or videoconference hearing in accordance with the Veteran's request.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and conducting VA examinations.

The Veteran's lumbar facet arthropathy has been rated at 10 percent prior to May 19, 2016, and increased to 40 percent from that date. The Board found the evidence supported a higher rating due to significant functional impairment.

The Veteran requested the withdrawal of his appeal regarding all issues on appeal, including claims to reopen service connection for knee and back disabilities, diabetes mellitus type II, and a skin disability of the face. As such, these claims are dismissed.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. Service connection will be reconsidered based on the new evidence provided.

The Board has determined that the Veteran's current back and bilateral knee disabilities are not related to his active service, and therefore denied his claims for service connection.

The Board denied the Veteran's claim for service connection for a low back disability, finding that his current condition is not related to his military service or any in-service injury.

The Board has found the Veteran was exposed to herbicides. Therefore, his hypertension is presumed related to service and he is granted service connection for this condition. The lumbar and cervical sprains are also presumed related to service due to herbicide exposure. However, the Board finds that the evidence does not support a finding of direct service connection for rectal cancer, IHD, or any other conditions.

The Board has determined that it is factually ascertainable that the Veteran's service-connected disabilities prevented him from retaining substantially gainful employment for a period of one year prior to his February 12, 2008 claim. Therefore, an effective date of August 20, 2007, but no earlier, has been granted for the award of TDIU.

The Veteran's lumbar spine disability is rated at 40 percent, and the reduction of his rhinitis rating from 10 to 0 percent was improper. The issues of service connection for sleep apnea, a higher rating for cervical disc disease, and TDIU are pending.

The Board has remanded the case for additional development, including VA examinations and consideration of new evidence. The appellant's claims for service connection on appeal are pending.