Back / lumbar spine decisions — 2017

The Veteran's DDD of the lumbar spine is rated at 40 percent, effective from April 17, 2012. Prior to September 1, 2015, his radiculopathy was not service-connected and thus no rating is assigned. Since September 1, 2015, he has been granted a 20 percent rating for the right lower extremity and a 10 percent rating for the left lower extremity.

The Board has determined that the Veteran does not have a diagnosed right or left knee disability during the appeal period, and therefore, service connection for these conditions is denied.

The Veteran's service-connected lumbar disc disease was rated at 40 percent, effective January 1, 2008. The Board denied entitlement to an extraschedular disability rating and TDIU.

The Veteran's claims for arthritis of the knees, hips, and elbows are denied as they are not considered to be due to service or a service-connected disability.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board has decided to remand the case for additional development, including obtaining an opinion on the nature and etiology of the Veteran's scoliosis.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment during the period from December 28, 2009 to September 30, 2011.

The Veteran's service-connected mechanical lumbar spine disability is currently rated at 10 percent, and the evidence does not show that it warrants a higher rating.

The Board has remanded the case for additional development, including obtaining service treatment records and private medical records. The Veteran's lumbar spine disorder and headache disorder are both being evaluated based on their merits rather than presumptive exposure to environmental hazards.

The Veteran's appeal was denied as his substantive appeal was not timely filed with respect to the December 2007 rating decision.

The Board has remanded the case due to insufficient development and needs further examination for a back disability. The Veteran's service connection claim is pending.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for right shoulder, back, and headache disorders. The case is being remanded for further examination and development.

The Board has determined that the Veteran's current back disability, bilateral hearing loss, tinnitus, and hypertension are not service-connected. The claim for prostate cancer was withdrawn by the Veteran prior to a decision being made.

The Board denied the appellant's claims for increased ratings and TDIU based on his service-connected lumbar spine disability and right lower extremity radiculopathy. The VA examiner found that the appellant’s symptoms did not meet the criteria for a higher rating under the applicable schedular guidelines.

The Veteran's chronic back disability is found to have been incurred in service, and his hand tremors are not shown to be related to herbicide exposure or service.

The Board has determined that there is no evidence of a current disability for any of the claimed conditions and finds that service connection cannot be established as the Veteran did not have a disease or injury in service that caused or aggravated these disabilities.

The Board has determined that the Veteran's cervical and thoracolumbar spine disorders are not related to military service.,Regarding her fibromyalgia, the VA examiner found no history of evaluation, treatment, diagnosis or chronicity of symptoms for fibromyalgia during military service. The examiner also found she currently does not meet the diagnostic criteria for fibromyalgia.

The Veteran's bilateral hearing loss is likely related to his military service.,His low back disability, diagnosed as degenerative arthritis of the lumbar spine and osteopenia with discogenic disease at L5-S1, is also likely related to his service-connected left knee disability. His acquired psychiatric disorder (MDD) is linked to his now service-connected low back disability.

The Board has remanded the case for additional examinations and opinions regarding service connection for various conditions, including benign prostate hyperplasia, an acquired psychiatric disorder, hiatal hernia, GERD, PUD, chronic colitis, degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar spine, degenerative joint disease of both hips, degenerative joint disease of both knees, and degenerative joint disease of both feet.

The Board has determined that the Veteran's service-connected right knee disorders are at least as likely as not responsible for his thoracolumbar spine degenerative disc disease, cervical spine disorder, and left arm radiculopathy.