Back / lumbar spine decisions — 2017

The Board denied service connection for a low back disorder, dementia, and obstructive sleep apnea. The Veteran's low back disorder is not presumed to have been incurred in service due to lack of evidence within one year post-service separation. Dementia was not shown during service or within the presumptive period. Sleep apnea is not related to service.,The VA examiner found no evidence of a chronic disease during service and denied service connection for low back disorder, dementia, and sleep apnea.

The Veteran's overpayment debt for additional VA compensation benefits for her dependent spouse was granted, except for the period from April 2004 to October 2004 when she was not married.

The Board has determined that the Veteran's current cervical spine disability did not manifest during service and is not related to a service-connected condition. Therefore, the claim for service connection is denied.

The Board found that the reduction in the evaluation of service-connected lumbosacral strain from 20 percent to 10 percent was not proper and restored the prior rating. The Veteran's migraine headaches were not incurred or aggravated by active service.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination. The claims will be reconsidered based on the additional evidence.

The Veteran's service-connected disabilities alone are not of sufficient severity to produce unemployability, and the Board finds that referral to the Director, VA Compensation and Pension Service, is not warranted.

The Veteran withdrew his appeal for the claims of service connection for a back disability, sleep apnea, and diabetes mellitus, type II during his March 2017 hearing. The claim for a compensable initial disability rating for bilateral hearing loss is being remanded.

The Veteran's claims for service connection and increased ratings were denied. The Veteran was granted presumptive service connection for conditions due to exposure to herbicides, including Agent Orange.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, and providing the Veteran with a VA examination to assess his lumbar spine and right femur and hip disabilities.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed low back and left hip disorders, including whether they are caused or aggravated by his service-connected disabilities.

The Board has granted service connection for right leg bone spurs and a compensable rating for skin disability (dermographism). The claim of increased rating for back disability is denied.

The Board denied the Veteran's appeal as his substantive appeal was not filed within the required time limits.

The Board finds that the Veteran's current low back disability did not manifest during service or within one year of separation, and there is no clear and unmistakable evidence to rebut the presumption of soundness. The VA examiner concluded that the Veteran's lumbar disability was not aggravated by his second period of active duty.

The Veteran's service-connected disabilities, including PTSD and lumbar degenerative changes, collectively preclude him from securing and maintaining substantially gainful employment.

The Board has denied the Veteran's claims for service connection for a back disorder and foot disorder. The preponderance of evidence is against these claims.

The Board denied service connection for a low back disability and chronic pain, as well as an acquired psychiatric disorder. The claim for nonservice-connected pension was also dismissed.

The Board found no current cervical, thoracic, or lumbar spine disability and denied service connection for these conditions. The Veteran's depressive disorder not otherwise specified with generalized anxiety disorder and obsessive compulsive disorder was rated at 30 percent from November 12, 2009 to July 2, 2015.

The Board found that the Veteran's low back disability warranted a 20 percent evaluation from June 18, 2010 to January 15, 2016 based on his decreased range of motion and limitations in walking.

The Board has determined that the Veteran's bilateral ankle, knee, shoulder, and lumbar spine disabilities are related to his active duty service. The claims for these conditions have been granted.

The Board found that the Veteran does not have any currently diagnosed residuals of gallbladder removal and denied his claim for service connection. The claims for hearing loss, tinnitus, lumbar spine disorder, peripheral neuropathy of the upper extremities, and lower extremities were also denied as there was no evidence linking these conditions to service.