Back / lumbar spine decisions — 2017

The Board denied the Veteran's claim for an effective date prior to January 11, 2008 for TDIU on an extraschedular basis due to insufficient evidence showing that his service-connected disabilities rendered him unemployable solely at that time.

The Veteran's cervical spine disability and neurological disability of the upper extremities are service-connected, with a rating of 40 percent for degenerative disc disease of the low back effective from August 13, 2008.

The Veteran's lumbosacral strain was initially rated at 10 percent from November 8, 2008 to November 9, 2010. Beginning on November 10, 2010, the Veteran is entitled to a 20 percent rating for her service-connected lumbosacral strain.

The Board has remanded the claims for service connection due to a lack of service personnel records, which may provide more context regarding the Veteran's separation from service and any in-service injuries. The effective date remains pending further development.

The Board found no evidence of a chronic back disability in service and denied the Veteran's claim for service connection.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to February 10, 2012 and 20 percent as of that date.

The Board has determined that the Veteran's bilateral knee disability and back disability are not service-connected, as there is no direct evidence linking these conditions to his active duty. The VA examiners found no causal relationship between the disabilities and either the in-service incidents or a service-connected condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a joint examination to assess his right hip disability. A separate VA examination will also be scheduled to determine if the Veteran's low back disability is related to his service-connected right leg muscle injury or otherwise related to his active service.

The Board finds that the Veteran's current lumbar spine and cervical spine disabilities are not related to his military service, as there is no evidence of a chronic back condition in the service medical records observed over many years. The preponderance of the evidence does not support the claim for service connection.

The Veteran's PTSD, thoracolumbar spine disability, and right hand disability are rated at their current levels. The claim for service connection of a left ankle disability is denied as there is no evidence of a current diagnosis.

The Veteran's back condition was not incurred in or aggravated by active service. The Board found that the Veteran had a pre-existing back disability noted at entrance into service and clearly and unmistakably did not increase in severity beyond its natural progression as a result of such service. The claim for bilateral leg disability remains pending.

The Board has remanded the case for additional development to obtain private medical records and identify VA facilities where the Veteran received treatment. The issues of service connection for an acquired psychiatric disorder, gout of the bilateral feet, and a low back disability will be addressed after obtaining the necessary information.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the severity of the Veteran's service-connected lumbar spine disability. The appeal will be reconsidered after these actions.

The Board has determined that the Veteran does not have a current cardiovascular disability, to include hypertension, that manifested in service or within one year of separation from service.,There is no evidence showing a diagnosis of hypertension until October 2005, and there are no records documenting elevated blood pressure readings while in service.

The Board has determined that the Veteran's thoracolumbar spine disability, left shoulder disability, and residuals of frostbite of right hand do not warrant a higher rating based on the evidence of record.

The Board has determined that the Veteran's back disability existed prior to military service and was not aggravated by service. The lung disability, including as due to mustard gas exposure, is not shown to be related to military service.

The Veteran's appeal is being remanded to determine his correct period of active duty service, obtain missing service treatment records, and provide an addendum VA medical opinion regarding the relationship between neurological abnormalities and his lumbar spine disability.

The Board has determined that the effective date for service connection of lumbar strain with intervertebral disc syndrome, right ankle disability, and migraines is October 5, 1990.,No specific rating or effective date was assigned in this decision.

The Board denied the Veteran's claims for service connection for bilateral foot, back, and right knee disabilities. The VA examiner found that these conditions were less likely caused by or related to his military service.

The Board has granted service connection for lumbosacral strain with intervertebral disc syndrome and set the effective date at July 30, 2003.