Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded to obtain additional medical opinions and to ensure that all relevant records are associated with the claims file.

The Veteran's claim for service connection for chronic lumbosacral strain, also claimed as back problems, is being remanded due to inadequate examination and opinion regarding the November 1969 post-service treatment record and the Veteran's statements of in-service injury.

The Veteran's service-connected low back disorder does not present such an exceptional disability picture that the available schedular rating is inadequate.

The Veteran's thoracolumbar spine disability is rated at 20 percent since June 29, 2010. The rating will remain at 20 percent for the entire period on appeal.

The Veteran's lumbar spine disability is currently evaluated as 20 percent disabling, and his radiculopathy of the left and right lower extremities are each rated at 20 percent prior to February 8, 2017, and 40 percent thereafter.,The Veteran does not meet the schedular criteria for an increased evaluation for his lumbar spine disability or radiculopathy. The evidence shows no more than subjective complaints of pain without objective findings of limitation in motion or ankylosis.

The Veteran's appeal is being remanded for additional development, including obtaining her service personnel records and VA medical records. A VA examination will be conducted to determine the nature and etiology of her psychiatric disability, back disability, and costochondritis.

The Veteran's appeal is being remanded for a new examination to assess the current severity of his service-connected lumbar spine and lower extremity radiculopathy disabilities, as he reported worsening symptoms since the last VA examination in April 2010.

The Board has determined that the Veteran experienced tinnitus during and since active service, granting her claim for service connection.

The Veteran's claim for an increased evaluation for his back disability was denied. The Board found that the evidence did not support a rating in excess of 40 percent.

The Veteran's service connection claims for PTSD, skin disorder, back disorder, left knee disorder, and right wrist disorder are denied. The Veteran is currently rated at 30 percent for his PTSD.

The Veteran's appeal for service connection of a right knee condition was dismissed as the Veteran withdrew his appeal prior to the Board promulgating a decision.,Service connection is granted for chronic sinusitis and chronic rhinitis, with all reasonable doubt resolved in favor of the Veteran.

The Board has determined that additional development is required due to the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The case is REMANDED for further action.

The Veteran's major depressive disorder is found to be secondary to his service-connected back disability. The Board denied the claims for paralysis agitans and prostate cancer as there was no evidence of a present disability.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and verifying his service history. The case will be returned to the AOJ for further action.

The Veteran's claims for service connection were reopened due to the submission of new and material evidence. Service connection is granted for bilateral pes planus, hypertension, heart disorder, respiratory disorder, sinus disorder, lumbar spine disorder, and acquired psychiatric disorder.

The Board has determined that the Veteran's service-connected back disability does not preclude him from securing and following a substantially gainful occupation, consistent with his education and work experience.

The Board has reopened the claim of service connection for a low back disorder and found new and material evidence. The claim for allergies was denied as there is no competent evidence establishing an in-service event or nexus to service.

The Board has remanded the case due to outstanding records from Holy Cross Hospital in Detroit, Michigan. The Veteran's claim for service connection for a low back disability will be reviewed after these records are obtained.

The Board has determined that the Veteran's tinnitus originated during active service and is granted service connection. The cervical and lumbar spine disabilities are found to be related to in-service back pain, but not due to or aggravated by any other service-connected conditions. The psychiatric disability remains at a 30 percent rating.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for hepatitis C resulting from a VA surgical procedure in September 2005 was denied, as the evidence did not establish that his hepatitis C was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the VA.