Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's current bilateral knee and low back disabilities are unrelated to service, and thus denied his claims for service connection.

The Board has determined that the Veteran's lumbar spine disability, including spondylosis, degenerative scoliosis, and degenerative disc disease, is at least as likely as not related to a June 1954 injury in service.

The Board has remanded the case for additional development, including an addendum opinion from a VA examiner to address the etiology of the Veteran's diagnosed spina bifida occulta and whether it is related to service.

The Veteran withdrew his appeal for an increased rating for his lumbosacral spine disability in excess of 20 percent from July 1, 2010 to March 10, 2016 and in excess of 40 percent from March 11, 2016.

The Veteran's service-connected chronic lumbar strain has been rated at 20 percent since April 14, 2009. The Board found that the criteria for a higher rating were not met prior to this date.

The Board has remanded the case for a new VA examination to address the claimed low back disability and provide an expert medical opinion on whether it is at least as likely as not related to service or any other event, circumstance, or injury of his service.

The Board has determined that the Veteran's current thoracolumbar spine disability, including DDD and DJD of the lumbar spine, is not related to his military service. The VA examiners found no nexus between the in-service back injuries and the current condition.

The Board has determined that the Veteran's service-connected disabilities are adequately contemplated by the schedular rating criteria and thus, an extra-schedular disability rating is not warranted.

The Veteran's claim for service connection for left knee degenerative joint disease was denied. The Board found no evidence of a nexus between any in-service event and the current diagnosis. For his lumbar spine disability, the Veteran is currently rated at 20 percent prior to May 8, 2013, and at 40 percent from September 6, 2014 onwards. The claim for TDIU prior to September 6, 2014 was also denied.

The Board has denied the Veteran's claims for service connection for residuals of head trauma (back of head, face, and right orbit), facial scars, neck disability, and low back disability. The evidence does not support a finding that these conditions are related to service.

The Veteran's claim for an initial rating in excess of 10 percent prior to May 31, 2013, and in excess of 20 percent thereafter for degenerative disc disease of the thoracolumbar spine is being remanded due to inadequate VA examinations. Additional development including obtaining treatment records and scheduling a new examination are required.

The Board denied service connection for the Veteran's sleep disorder, back disorder, and heart condition.

The Board found that there is no evidence of a chronic back condition during service or within the presumptive period, and denied the Veteran's claim for direct service connection. The Board also determined that secondary service connection was not warranted as the Veteran's right knee disability did not cause or aggravate his non-service-connected back disability.

The Board has remanded the case for a new VA examination to determine if any disability began during or is otherwise related to service, including as due to back pain experienced in October 1997. The Veteran's claim of entitlement to service connection for a lower back disability remains pending.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine is caused by or due to his service-connected disabilities of his bilateral lower extremities, and thus service connection for this condition is granted.

The Veteran's claims for increased rating, service connection for cervical and thoracic spine arthritis, and hypertension were denied. The Board found that the Veteran did not meet the criteria for an increased rating for his lumbar spine disability or service connection for cervical and thoracic spine disabilities. Service connection for hypertension was also denied as it was not incurred in service and is not secondary to a service-connected condition.

The Board denied service connection for sinusitis and remanded the issue of service connection for a lumbar spine disorder.

The Veteran's back and bilateral leg disabilities are found to be related to service, with the back disability being granted as direct service connection and the bilateral leg disability being granted as secondary service connection.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and therefore the claim for TDIU is denied.

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