Back / lumbar spine decisions — 2017

The Board found that the Veteran's current low back and left shoulder disabilities are not related to his military service, including any in-service injuries or exposure. The VA examiner concluded that the Veteran's degenerative changes of the thoracolumbar spine are more likely due to natural aging rather than an in-service injury.

The Board denied service connection for a low back disability and an initial rating higher than 20 percent for type II diabetes mellitus. The nerve palsy, sixth nerve weakness to include diplopia issue was not addressed as it is unclear if the appeal was about service connection at all.

The Veteran's lumbar spine degenerative joint disease was not incurred in or related to service, and the Board finds that the preponderance of evidence is against his claim.

The Veteran's lumbar spine disability is currently rated at 40% and the Board finds that a higher rating is warranted for this condition. The Veteran was also granted service connection for Hepatitis C, an upper back disorder as secondary to degenerative disc disease (DDD), and upper extremity pain as secondary to a service connected right wrist disability.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence of chronic worsening during his period of ACDUTRA and concluding that the condition was less likely due to or aggravated by such service.

The Board found that the Veteran's chronic bilateral lumbar paraspinal muscle strain (claimed as severe back pain) and mild degenerative disc disease did not manifest within one year of service discharge, and is not attributable to service or to service-connected disabilities.

The Veteran meets the criteria for a TDIU due to his service-connected disabilities, with significant impact on his ability to work. The Board finds resolution of reasonable doubt in favor of the Veteran.

The Veteran's appeal is being remanded for further evidentiary development, including additional Compensation and Pension examinations to assess the severity of his right knee and left knee disabilities.

The Board has determined that the Veteran does not have diabetes mellitus or a current diagnosis of hyperlipidemia. The VA examiner concluded that the lumbar spine disability is less likely than not caused by service, and thus denied service connection for this condition.

The Veteran's claims for effective dates prior to September 23, 2011 are granted. Effective from September 30, 2008, the Veteran is entitled to a 40 percent evaluation for sensory deficit of the right lower extremity, a 60 percent evaluation for lumbar intervertebral disc syndrome with degenerative disc disease, status post spinal fusion, and service connection for radiculopathy of left lower extremity.

The Board has reopened the Veteran's claims for service connection for a back disability and a psychiatric disorder, finding that new and material evidence has been received. The Veteran's back disability is found to be related to her period of active duty service, while her psychiatric disorder may be linked to military service performance.

The Board has decided to remand the case for additional development, including obtaining updated VA and private treatment records and preparing an addendum opinion from a VA examiner.

The Board has granted service connection for right and left ankle disabilities, finding that the evidence is in equipoise as to whether these conditions are related to service.,Service connection was also granted for a lower back condition due to very mild/early changes of degenerative disc disease (DDD).

The Board has determined that the Veteran's appeals for service connection for PTSD and low back injury residuals were not timely filed, resulting in their denial. The effective dates for these conditions have also been denied.

The Veteran's claim for an earlier effective date for a separate compensable rating for radiculopathy of the right upper extremity was denied.,The Veteran's claims for earlier effective dates for service connection of degenerative disc disease of the cervical spine, bilateral hearing loss, and tinnitus were dismissed as they are not assignable due to lack of timely appeal or submission of new evidence.,The claim for new and material evidence for prostatitis was denied.

The Veteran's lumbar spine disability is rated at 60 percent effective October 24, 2011. The extension of the temporary total rating for convalescence following a February 2010 surgery was granted through September 30, 2010.,A TDIU prior to October 24, 2011 is not addressed in this decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and records to address the etiology of his left shoulder condition, low back condition, and cervical spine condition.

The Board finds that the Appellant's lumbar spine disorder and bilateral hand neurological disorders are not related to his service, as there is no evidence of a chronic condition during service or continuity of symptomatology after service. The VA examiners concluded that these conditions were less likely caused by or aggravated by military service.

The Board found that the Veteran's low back disability did not have its onset during service and is not related to any in-service injury or event. The acquired psychiatric disorder was also determined to be unrelated to service.

The Veteran's claim for an increased evaluation for his service-connected lumbar strain is being remanded due to the need for clarification regarding the nature of his back disability and whether he experiences ankylosis of part or all of his spine.