Back / lumbar spine decisions — 2017

The Board has characterized the Veteran's lupus claim more broadly as a claim for an autoimmune disability. The issues of entitlement to service connection for lupus, hiatal hernia, and diverticulitis are denied.

The Board found that the Veteran's DDD and DJD are not related to his service, but acknowledged a possible aggravation during military service. The preponderance of evidence does not support a finding of service connection.

The Veteran's lumbar spine degenerative disc disease was rated based on the criteria for diseases and injuries of the spine, resulting in a 10% rating from August 18, 2000 to May 16, 2006, and a 20% rating since May 17, 2006.

The Veteran's low back disability, characterized by pain and limited range of motion, was found to warrant a 20 percent rating from May 29, 2008, to December 21, 2015. Since then, the disability has not warranted an increased rating.

The Board is remanding the case to readjudicate the Veteran's application to reopen his claim of entitlement to service connection for a back disorder based on all available evidence, including new evidence since the December 2009 statement of the case. The case will be considered as reopened if new and material evidence is received.

The Veteran's appeal involves claims for service connection and increased ratings related to his TBI, including sleep apnea, low back disability, pain of both upper and lower extremities (including fibromyalgia), and Parkinson's disease. The Board has ordered remand due to the need for additional medical opinions addressing secondary aggravation.

The Board found that the Veteran's current low back condition did not manifest during active service or within one year of separation, was not caused by disease or injury incurred in or aggravated by active service, and was not caused or aggravated by his service-connected right foot/ankle disability.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected lumbosacral strain and whether he is unemployable due to this condition.

The Board has remanded the case for additional development due to insufficient medical opinions regarding the relationship between the Veteran's lumbar spine disability and his military service.

The Veteran's service-connected disabilities precluded him from securing and following substantially gainful employment, effective December 14, 2012.

The Veteran's degenerative spondyloarthritis of the lumbar spine was rated at 40 percent effective September 22, 2016. The Board found that a higher rating is not warranted prior to this date.

The Veteran's claim of service connection for a back disability is denied as there is no evidence showing that his current condition manifested during or was caused by his military service.

The Board found that the Veteran's current lumbar spine disability, including scoliosis and degenerative disc disease, was not incurred in service. The VA examiners opined that it is less likely than not related to service or secondary to his right and left knee disabilities.

The Veteran's Hodgkin's lymphoma is service-connected, and the Board finds that his left shoulder, low back, neck, and sciatica disabilities are secondary to his now service-connected Hodgkin's lymphoma.,However, a new VA examination is needed to determine if any of these additional disabilities were aggravated by his service-connected Hodgkin's lymphoma.

The Board has determined that there is no evidence to support the Veteran's claims of service connection for cervical and lumbar spine disorders, as his conditions are not shown to be related to his military service.

The Veteran's back disability was evaluated as 10 percent prior to April 30, 2015, and increased to 20 percent from April 30, 2015, to November 12, 2016. Since then, the rating has been set at 40 percent.

The Board has remanded the case due to a lack of recent treatment records and for consideration of whether the Veteran's service-connected low back disability may have caused or aggravated his bilateral lower extremity radiculopathy.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and arthritis of the lumbosacral spine, had its onset in service and is therefore granted service connection.

The Veteran's appeal is being remanded to obtain additional medical opinions and evidence in order to properly adjudicate his claims for increased ratings for lumbosacral strain with degenerative changes, L4-5 and L5-S1, as well as service connection for a cervical spine disorder. His TDIU claim is also before the Board.

The Veteran's claim for TDIU is being remanded due to the need for clarification on the impact of his service-connected conditions and nonservice-connected substance abuse disorder on his employment.