Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for further development, including additional VA examinations and consideration of his claims.

The Veteran's appeal is granted, with service connection for degenerative disc disease of the lumbar spine and left leg sciatica with intervertebral disc syndrome established. Effective July 25, 2012, he was awarded a 30 percent rating for adjustment disorder with mixed emotions and conduct, depression and primary insomnia (claimed as posttraumatic stress disorder). The Veteran's effective dates are granted for the service connection determinations.

The Board has decided to remand the case due to the need for additional development, including obtaining relevant VA treatment records and scheduling a medical opinion regarding whether the Veteran's sacroiliac joint dysfunction is related to his back pain during service.

The Board has determined that the Veteran's current back disability is not related to service and therefore denied her claim for service connection.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's sleep apnea is found to be etiologically related to his service-connected PTSD, and the claim for service connection for this condition is granted.

The Veteran's service connection claims for TBI, low back disability, sleep apnea, skin disability (folliculitis), and right ankle/foot disability have been granted. The Board found that the evidence supported these determinations based on sound medical opinions.

The Board denied the Veteran's claim for an extraschedular rating for his service-connected low back disability, finding that the evidence did not show it presented such an unusual disability picture as to render impractical the application of the regular schedular standards.

The Veteran's claims for higher ratings of his cervical spine disability, SMC based on loss of use of both hands, TDIU prior to April 16, 2012, and extraschedular TDIU prior to June 18, 2009 were denied. The Veteran was already awarded a TDIU from April 16, 2012.

The Veteran's service-connected lumbar spine DDD and post-concussion syndrome, as likely as not, rendered him unable to obtain or retain substantially gainful employment prior to January 14, 2014.

The Board has denied the Veteran's claims for increased ratings and service connection for various disabilities, including lumbosacral spine disability, cervical spine disability, right shoulder disability, right hip disability, right knee disability, right leg disability, and right foot disability.

The Veteran's low back disability is currently rated at 20 percent under the General Formula for Diseases and Injuries of the Spine, but does not meet the criteria for a higher rating based on forward flexion limited to 30 degrees or less or ankylosis. The Board denied a higher rating as there was no evidence of IVDS.

The Board finds that the Veteran's low back disorder is not related to his military service and therefore, denies his claim for service connection.

The Board has determined that the Veteran's current lumbar spondylosis is not attributable to disease or injury sustained during his period of service, and denied both his claim for service connection and his request for a compensable rating for bilateral hearing loss.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the current severity of his service-connected lumbosacral spine disability.

The Board found no evidence of a hearing loss disability for VA purposes during service, and the Veteran's current bilateral hearing loss is not related to his service. For the low back and lower extremity conditions, there was no in-service injury or disease, arthritis did not manifest within one year after separation from service, and these disabilities are not otherwise related to service.

The Veteran's appeal has been dismissed due to his death. The issues of rating for lumbar spine, service connection for bilateral hearing loss, and hepatitis C are not before the Board.

The Board has determined that additional development is necessary before the claims for service connection for left shoulder and low back disorders can be decided.

The Veteran's appeal is being remanded for additional development to obtain his SSA records, Army Reserve treatment records, and VA outpatient treatment records. He also needs a new medical opinion regarding the onset of his hearing loss and low back disorder.

The Veteran's appeal is being remanded to obtain additional medical records and clarify the nature of his claims. The specific issues on appeal include increased ratings for tinea versicolor, service connection for a low back disability, and neurological disabilities of the lower extremities.