Back / lumbar spine decisions — 2017

The Veteran's claims for service connection for various joint conditions and hypertension are being remanded due to the need for additional development, including VA examinations.

The Board denied the Veteran's claims for service connection for left ankle, left hip, and lumbar spine disabilities as they were not caused or aggravated by any aspect of his military service.

The Board found that the evidence does not establish a nexus between the Veteran's current low back disability and his period of service, thus denying his claim for service connection.

The Board has granted service connection for various conditions, including sleep apnea and TBI. The Veteran's acquired psychiatric disorder, neck disorder, tinnitus, left shoulder disorder, hypertension, low back disorder, and erectile dysfunction are all found to be related to his military service. Service connection is also granted for the extension of a temporary total evaluation due to right shoulder surgery.

The Veteran's lumbar spine degenerative disc disease was not manifested by unfavorable ankylosis or incapacitating episodes having a duration of at least six weeks during the prior 12 months, and thus he is not entitled to a higher evaluation.

The Board has remanded the case due to the need for additional development, including obtaining outstanding private treatment records and scheduling a VA examination.

The Board found that the Veteran's current low back strain, residuals of low back surgery, and degenerative arthritis were not incurred in or aggravated during service. The Board also noted that arthritis may not be presumed to have been incurred in or aggravated by service.

The Board has ordered the case to be remanded for additional development, including obtaining updated VA medical records and scheduling examinations for psychiatric, lumbar, and cervical spine disabilities. The Veteran is also required to complete a VA Form 21-8940.

The Veteran's appeal has been dismissed as the Veteran withdrew their appeal prior to a decision being made.

The Veteran's low back disorder is being remanded for additional development to determine if it is related to service, or secondary to his service-connected neck and left knee conditions.

The Veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Veteran's appeal is being remanded for additional development to determine the etiology of his lumbar spine, cervical spine, bilateral knee, and hearing loss disabilities.

The Veteran's claim for an increased rating for chronic back pain syndrome was granted, with a current disability rating of 40 percent. The issue of entitlement to SMC based on aid and attendance due to wheelchair use was also granted.

The Veteran's cervical spine disability is being remanded for additional development, including obtaining updated treatment records and a VA examination to address the issues of service connection and whether the disability was caused or aggravated by his service-connected lumbar spine disability.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, thus granting his claim for TDIU.

The Veteran's bilateral hearing loss was not shown to have manifested during service or within one year of separation, and a continuity of symptoms after discharge from active service has not been established.,There is no competent evidence of a diagnosed left knee disability. The Veteran reported pain in the left knee but there are no records indicating any chronic condition.

The Veteran's low back disability was rated at 20 percent prior to November 15, 2011 and remains at that level after March 1, 2012. The current rating is not sufficient for a higher evaluation.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of April 11, 2008, and therefore grants an earlier effective date for TDIU.

The Veteran has withdrawn his appeals regarding the issues of service connection for a back disability, a higher initial rating for right knee surgical scar, increased ratings for degenerative joint disease of the right knee, residuals of a right knee meniscal injury, instability of the right knee, and degenerative joint disease of the left knee, and a TDIU.

The Board has reopened the claims for service connection of back, left knee, PTSD, anxiety disorder, right shoulder disability, and hypertension as secondary to diabetes mellitus. The underlying issues are addressed in the remand section.