Back / lumbar spine decisions — 2017

The Veteran's claim for an initial disability rating in excess of 20 percent prior to December 10, 2010 for the lumbar spine disability is being remanded due to inadequate VA examinations.

The Board has granted service connection for arthritis of the lumbosacral spine based on a finding that the Veteran experienced continuous symptoms since service separation, which meets the criteria for presumptive service connection under VA regulations.

The Board has remanded the case for additional development, including obtaining all outstanding treatment records and requesting private treatment records from two facilities. The appeal is now pending again with the Agency of Original Jurisdiction (AOJ).

The Veteran's claims for effective dates earlier than September 19, 1996 and March 5, 2012 for service connection of his cervical spine disability and upper extremity radiculopathy have been granted. Effective from these dates, the Veteran is entitled to a 10% rating for each condition.

The Veteran's back disability, including central lumbar spinal stenosis and degenerative joint disease of the lumbar spine, is considered to be related to service. The Board has determined that this condition was incurred in service.

The Board has denied the Veteran's claims of service connection for a right leg condition, back condition, and bilateral knee condition. The evidence submitted since the final denial does not meet the criteria to be considered new and material.

The Board has decided to remand the case for additional development due to incomplete service treatment records and missing hospital records from when the Veteran was treated for a football injury during service.

The Board has remanded the case due to outstanding VA medical records and further examination is needed for the Veteran's back disability claim.

The Veteran has additional low back disability that resulted from VA treatment in November 2009, and the Board finds that this is due to fault on VA's part or a consequence not reasonably foreseeable. Therefore, entitlement to benefits under 38 U.S.C. § 1151 for additional low back disability resulting from VA treatment in November 2009 is granted.

The Veteran's claim for bilateral hearing loss was denied as his current disability does not meet the criteria set forth in VA regulations. The Board found that his right shoulder and cervical spine disabilities were rated appropriately, but noted that his lumbar spine disability did not warrant a rating higher than 40 percent.

The Board denied the Veteran's claims of service connection for right ear hearing loss, a back disability, and IBS. The claims were not reopened due to lack of new and material evidence.

The Veteran's claim for PTSD was granted. The claims of service connection for a right hip condition, degenerative joint disease of the right knee, and low back condition were both reopened due to new evidence received since the July 1998 rating decision. However, the status of his bilateral pes planus disability remains unclear.

The Veteran's service connection claims for degenerative joint disease, lumbar spine and prostate cancer as a result of exposure to ionizing radiation are granted. The claim for PTSD is remanded.

The Board has determined that the Veteran's degenerative disc disease, diagnosed as back condition, is incurred during service and is related to his service-connected left knee disability. Therefore, the claim for service connection is granted.

The Board has remanded the case for further development, including obtaining medical records and scheduling examinations to clarify diagnoses and determine etiology.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and Social Security Administration records.

The Board has denied the Veteran's claims for service connection for low back strain with degenerative disc disease and left lower extremity radiculopathy associated with low back strain with degenerative disc disease, finding that there is no evidence of a current disability or a causal relationship to service.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination. The Veteran's claim will be readjudicated based on all evidence.

The Board has determined that the Veteran's low back disability is not related to service or his service-connected bilateral knee disability, and therefore denied the claim for service connection.

The Veteran's degenerative disc disease, lumbar spine with scar was rated at 20 percent effective April 13, 2017. The claim for a higher rating remains denied.