Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's low back disability and lower extremity radicular symptoms are not related to service, and thus denied these claims.

The Board found that the Veteran's low back disorder did not manifest in service and was not incurred or aggravated by service. The acquired psychiatric disorder also did not manifest in service and was not incurred or aggravated by service.

The Board has determined that the Veteran's low back disability is related to his service-connected right ankle disability, and thus grants service connection for this condition as secondary.

The Board has granted service connection for left lateral disc herniation, L4-5 with degenerative changes and spinal stenosis. However, it denied service connection for ischemic heart disease due to lack of evidence linking the condition to service.

The Board found that the Veteran does not have a diagnosed left hip condition and denied his claim for service connection.

The Veteran's claims for service connection for low back, right hip, and shortened right leg disabilities are being remanded due to the need for additional development.

The Veteran's service-connected disabilities, specifically his back disability, preclude him from obtaining and maintaining both physical and sedentary employment.

The Board has found that new and material evidence was received to reopen the Veteran's claims for service connection of thoracolumbar spine and cervical spine disabilities. The Veteran is now granted service connection for DDD of the thoracolumbar spine, which he contends was incurred during his military service.

The Veteran's leg cramps are service-connected. The remaining claims for high cholesterol, diabetes mellitus, sleep apnea, erectile dysfunction, hypertension, and back disability are being remanded.,High cholesterol is not a recognized disability for VA benefits purposes.

The Board has determined that the Veteran's lumbar spine DJD and DDD are service connected.,The Board has also determined that the Veteran's peripheral neuropathy of the right lower extremity is secondary to his now service-connected lumbar spine DJD and DDD. ,Similarly, the Board has determined that the Veteran's peripheral neuropathy of the left lower extremity is also secondary to his now service-connected lumbar spine DJD and DDD.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the claim for an increased rating for service-connected low back disability. The Veteran was last provided a VA examination in November 2011, and further medical guidance is required due to recent holding in Correia v. McDonald.

The Veteran's claims for service connection of various conditions, including lumbar and cervical spine disorders, right and left hip disorders, and an acquired psychiatric disorder are being remanded due to insufficient etiology opinions in the previous VA examinations. The Veteran needs to be provided with new VA examinations.

The Veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease was initially rated at 20 percent prior to June 13, 2012. The rating has since been increased to 40 percent as of that date.

The Board has determined that the Veteran's partial sacralization of L5 vertebra is a congenital defect present prior to and during service, and it was not aggravated by any in-service event, injury, or illness. Therefore, service connection for this condition cannot be established.

The Veteran's claim of service connection for a back disability is being remanded due to the need to verify his service and provide an opinion on whether it is at least as likely as not that his current condition is caused or aggravated by his military service.

The Board has remanded the case for an addendum opinion to address whether each of the Veteran's claimed conditions are related to his active service, and if not, whether they represent undiagnosed illnesses or medically unexplained chronic multi-symptom illnesses. The claims will be re-adjudicated based on this new information.

The Veteran's back disability, rated at 10 percent since September 2, 2008, has not shown any additional functional loss or incapacitating episodes that would warrant a higher rating.

The Veteran was found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, which included PTSD, CAD, low back disorder, and bilateral knee disorders. The TDIU rating is granted effective from May 12, 2010.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment, warranting a TDIU.

The Board has granted presumptive service connection for a qualifying chronic disability characterized by low back pain, stiffness, and muscle spasms as an undiagnosed illness. The Veteran's symptoms have been evaluated under the criteria for lumbosacral strain.