Back / lumbar spine decisions — 2017

The Board found that the Veteran's low back disability did not have its onset in service, is not proximately due to or aggravated by a service-connected disability, and is not otherwise related to service. Therefore, the claim for service connection was denied.

The Veteran's disability rating for lumbosacral strain was reduced from 40 percent to 10 percent effective February 1, 2012. The reduction is considered improper due to lack of consideration of the provisions of 38 C.F.R. § 3.344 and the VA examination report used did not reflect a material improvement in his condition.

The Veteran's claim for service connection for his back injury (degenerative disc disease of the lumbosacral spine) is being remanded due to a lack of recent VA treatment records and private treatment records should be obtained. The case will then be readjudicated.

The Board has decided to remand the case for further development, including obtaining SSA records and scheduling a VA examination. The Veteran's low back disability is being evaluated in light of his service history and any new evidence.

The Board has determined that the Veteran's vertigo and low back disability are not related to service, either directly or through a secondary condition. The claims for both conditions have been denied.

The Board has reopened the Veteran's claims for service connection for a low back condition and reflex sympathetic dystrophy, as new and material evidence was submitted. The claims are now pending before the Board.

The Veteran's degenerative arthritis of the lumbar spine was not incurred in or aggravated by active service, and arthritis may not be presumed to have been incurred therein.

The Veteran's current back condition is being remanded for further development and consideration, including an addendum opinion from the examiner who performed the March 2014 VA examination.

The Veteran seeks earlier effective dates for the establishment of service connection for various conditions, but these claims are denied as no new and material evidence was received within the appeal period.,The Veteran also seeks an earlier effective date for erectile dysfunction (ED), but this claim is denied as there was no pending claim or new and material evidence received prior to September 3, 2010.

The Veteran's claims for service connection for a chronic low back condition and pulmonary disorder, including bronchitis and COPD, are being remanded due to the need to obtain additional medical records and an addendum opinion.

The Veteran's appeal was denied for various service connection claims, including those related to psychiatric disorders, hearing loss, arthritis, and dental conditions. The Board also remanded several issues for further development.

The Board has denied the Veteran's claim for service connection for a left hip disability, finding that it is not at least as likely as not related to his service-connected bilateral knee and lumbar spine disabilities.

The Veteran's claim for a higher rating of her cervical spine disability was granted, with a rating of 30 percent effective from January 25, 2017.

The Board has remanded the case for additional development due to an inadequate VA examination in February 2015. The Veteran's claim of a rating in excess of 20 percent for his lumbar spine disability is pending.

The Board denied service connection for an acquired psychiatric disorder, including PTSD, major depressive disorder, and generalized anxiety disorder. The Veteran's claim was not decided on the merits of a lumbar spine condition.

The Board has granted earlier effective dates for the Veteran's lumbar spine disability, left and right lower extremity radiculopathy, and scar on the lower back.

The Veteran's service-connected disabilities render him unable to care for himself and requires the regular aid and attendance of another person, resulting in a grant of SMC based on need for regular aid and attendance.

The Veteran's claim for an increased rating for left lower extremity radiculopathy was granted, with a 10 percent disability rating effective June 10, 2004. Service connection for scoliosis and degenerative disc disease (DDD) of the lumbar spine at L4-L5 and L5-S1 with facet arthrosis was also granted.

The Veteran's claim for higher ratings for his lumbar spondylosis was denied. The RO assigned a 20 percent rating effective July 15, 2009.

The Veteran's right knee disability was rated at 30 percent from June 30, 2007 to August 28, 2008. He also received a separate rating of 20 percent for his right knee cartilage dislocation with locking and pain. The Board granted TDIU effective July 29, 2008.