Back / lumbar spine decisions — 2017

The Board found that the Veteran's death was not caused by VA hospital care, medical or surgical treatment, and concluded that there is no evidence of fault on VA's part. Therefore, the claim for DIC under 38 U.S.C.A. � 1151 has been denied.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and issuing a statement of the case on several issues.

The Veteran's tuberculosis is currently inactive and not shown to have compensable residuals.,The Veteran's seizure disorder did not have its onset in service.,The Veteran's hypertension did not have its onset in service.,The Veteran does not have a current diagnosis of a lower back disability.

The Veteran's claims for effective dates prior to January 30, 2006 and August 13, 2012 were granted. Effective dates of October 26, 2005 (prior to the grant of service connection) and August 13, 2012 (for radiculopathy), respectively, have been assigned.,The effective date for the grant of service connection for radiculopathy was determined based on the first chronic manifestations sufficient to identify the disease entity during the appeal period. These were identified in a VA examination conducted on August 13, 2012.

The Board denied a request for an effective date prior to September 1, 2009 for the grant of service connection for degenerative joint disease of the lumbar spine.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling prior to December 26, 2012 and 60 percent disabling since that date. The cervical spine disability was also rated at 20 percent prior to December 26, 2012 and 60 percent since then.,The Veteran's chronic headaches are currently rated as 50 percent disabling.

The Board found that the Veteran's bilateral knee disability did not manifest within one year of his separation from service and is not otherwise related to a disease or injury in service. The lumbar spine disability does not meet the criteria for an evaluation higher than 40 percent, as symptoms do not include ankylosis or incapacitating episodes due to intervertebral disc syndrome. However, there are mild incomplete paralysis of the lower extremities associated with the lumbar spine disability.

The Veteran's claims are being remanded to obtain a new VA examination for his service-connected thoracolumbar spine disability and to address the issues of reopening service connection claims for cervical spine degenerative disc disease and hypertension.

The Board has determined that the Veteran's current lumbar spine DJD, without radiculopathy did not have onset during active service and was not caused by active service. The claim for service connection is therefore denied.

The Board has granted service connection for a neck disability and remanded the right shoulder and lower back disabilities. The Veteran's GERD is currently rated at 10 percent, effective March 4, 2016.

The Veteran's degenerative disc disease of the lumbar spine has not met the criteria for a higher disability rating, and his TDIU claim is also denied.

The Veteran's back and left shoulder disabilities are being remanded for a new VA examination to determine their etiology.

The Board has remanded the case for further development and readjudication, including consideration of new evidence submitted by the Veteran.

The Board has remanded the case due to insufficient development of the record, including obtaining additional medical evidence and updating VA treatment records.

The Board has denied the Veteran's claims for service connection for a chronic adjustment disorder and a chronic lumbar spine disorder. The Veteran is now service connected for a chronic adjustment disorder, but his claim for a chronic lumbar spine disorder remains denied.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to address the Veteran's low back disorder claim. The special monthly compensation issue is also inextricably intertwined with the service connection claim.

The Veteran's low back disability is found to be secondary to his service-connected lower extremities. His left knee disability has been granted a rating of 60% since March 1, 2012.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. Service connection for the claimed lower back disability will be reconsidered.

The Veteran has been diagnosed with type 2 diabetes and his flight records document landings in the Republic of Vietnam. The Board agrees that he should be awarded service connection on account of presumed exposure to herbicides experienced in that nation.