Back / lumbar spine decisions — 2017

The Veteran's service-connected lumbosacral spine disability requires the use of a back brace. The Board found that the brace does not have exposed rigid panels and therefore does not qualify for a clothing allowance.

The Board denied service connection for a lumbar spine disability, finding that the Veteran did not have an in-service injury or disease and no continuous symptoms since service. The Board also found that the current condition is not causally related to the right knee disability.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and providing a medical opinion regarding the nature and etiology of the Veteran's claimed low back disability.

The Board found no evidence of a chronic low back disability in service or within one year post-service, and concluded that the current degenerative changes are not related to service. The claim for service connection is denied.

The Veteran's service-connected low back disability, including sacralization and pseudoarthrosis of the fifth lumbar vertebrae and Schmorl's nodes of the dorsal spine with musculoskeletal spasm, has been rated at 40 percent since April 2015.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and records.

The Board has denied the Veteran's claims for service connection for right foot, right knee, left knee, and low back disorders as secondary to his service-connected left plantar calcaneal spur. The evidence does not support a finding that these conditions are related to his military service or his service-connected condition.

The Board has determined that there is at least a state of equipoise as to whether the Veteran's current cervical and thoracolumbar spine conditions are related to his active service, thus granting service connection for these disabilities.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability, finding that the evidence did not meet the criteria for a rating in excess of 10 percent prior to February 2, 2009 and in excess of 20 percent from February 2, 2009.

The Board has granted service connection for the Veteran's scrotal/groin disorder, left knee disorder, low back disorder, cervical spine disorder, and jaw disorder. The conditions are related to his military service.

The Board denied service connection for the claimed conditions, finding that they were not incurred or aggravated by active service and did not have a direct relationship to any service-connected disability.

The Veteran's claim for service connection for dysthymic disorder was granted, and he is currently receiving a 70 percent rating. The RO denied the remaining issues on appeal.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and B27 positive sacroiliitis, is not etiologically related to his military service.

The Board has determined that the Veteran's lumbar spine degenerative arthritis and left leg sciatic nerve condition are not service-connected, as they pre-existed his military service. The right knee disability is also not service-connected as it was not caused by or aggravated by the lumbar spine disability.

The Board found that the overpayment of $2,655.00 was properly created due to a failure by VA to withhold attorney fees from past-due benefits granted in an October 2015 rating decision.

The Board has remanded the Veteran's claim for service connection for a back condition due to insufficient evidence and need for further development, including obtaining additional medical opinions.

The Veteran's lumbar spine disability has worsened since January 8, 2014, to the point where she can only flex her back to 30 degrees with pain, warranting a 40 percent evaluation.

The Veteran's service-connected anxiety disorder, depression with adjustment disorder is found to be secondary to his service-connected cervical degenerative disc disease. The Board also granted a TDIU rating based on the Veteran's service-connected disabilities.

The Board has determined that the Veteran's current low back disorder is related to his active service, and thus grants service connection for a low back disorder.

The evidence does not show the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.