Back / lumbar spine decisions — 2017

The Veteran's claims for service connection were denied. The Board found that new and material evidence had not been received to reopen the previously denied stomach condition claim, and the back condition claim was reopened but denied due to lack of a nexus between current symptoms and service.

The Veteran's degenerative changes of the lumbar spine did not result in forward flexion limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, incapacitating episodes of intervertebral disc syndrome (IVDS), or objective neurological abnormalities prior to July 10, 2014. As a result, the Veteran's claim for a rating in excess of 20 percent for degenerative changes of the lumbar spine prior to that date was denied.

The Board has remanded the case for further development, including obtaining updated treatment records from Dr. Loey Kousa and requesting an addendum opinion from the VA examiner who conducted the April 2017 VA examination.

The Board has remanded the case for additional development, including obtaining updated treatment records and a supplemental medical opinion regarding the etiology of the Veteran's low back disability. The issues of service connection for degenerative disc disease (DDD) of the lumbar spine and sciatic nerve disability, left side are deferred until the low back disability issue is addressed.

The Board finds that the weight of the competent evidence is at least in equipoise as to whether the Veteran's current lumbar spine disability, including L1 compression fracture with residuals, is related to his service-connected left knee disability. Therefore, service connection for this condition is granted.

The Board has restored the Veteran's low back disability rating to 20 percent effective March 23, 2010. The reduction was improper and the claim for an increased rating is granted.

The Board found that the Veteran's low back and right knee disabilities did not manifest within a year of separation from service, or are otherwise etiologically related to active military service.

The Board has determined that the Veteran's degenerative joint disease of the thoracolumbar spine and major depressive disorder are not related to his active military service.

The Veteran's appeal is being remanded for additional development, including obtaining relevant private treatment records and securing VA examinations to address his claims.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it had its onset in service. The other issues on appeal are pending.

The Board has denied both service connection claims for a neck injury with residual degenerative disc disease of the cervical spine and occipital frontal headaches with photophobia as secondary to the cervical spine disability.

The Veteran's appeal includes claims for various disabilities, including PTSD and its related conditions. The Board has determined that a hearing is needed to address these issues.

The Veteran's low back disability, including DDD L5-S1, strain, and myositis, has been rated at 40 percent since May 1995. The Board found that the evidence did not support a higher rating due to lack of incapacitating episodes or unfavorable ankylosis.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a low back disability and GERD. However, additional development is required before these claims can be decided.

The Board has determined that the Veteran's tinnitus and neck disability are service-connected, with no issues related to a clothing allowance or fee dispute.

The Veteran's diabetes mellitus type II is not related to service or caused by his service-connected low back disability. The claim for an increased rating for low back disability is REMANDED.

The Veteran's appeal for service connection for left sacroiliac joint dysfunction has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran's current low back disability is related to his service, and thus grants service connection for degenerative disc disease of the lumbar spine.

The Veteran's claim for a higher disability rating for residuals of low back injury with mild disc herniation at L5-S1 is granted, and he is assigned a 40 percent evaluation. The claims to reopen service connection for gastrointestinal and liver disabilities are also granted.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.