Back / lumbar spine decisions — 2017

The Board has found that the Veteran's low back disability is etiologically related to his military service and grants entitlement to service connection. The issue of nonservice-connected pension remains pending as it was not addressed in this decision.

The Board has remanded the case for further development due to a pending request for a hearing before the Board at the Veteran's local RO.

The Veteran's initial claim for a higher evaluation for his lumbar spine disability was granted, with an effective date of August 17, 2012. The current rating is 10 percent.

The Veteran's claim for an increased rating for his service-connected degenerative changes of the lumbar spine was denied. The current rating of 40 percent is maintained.

The Board has determined that the Veteran's low back and chest conditions are not related to his service, and therefore, denied his claims for service connection.

The Board has determined that further development is needed for the issues of service connection for bilateral hearing loss, low back disorder and a higher rating for right thumb injury residuals. The Veteran will be scheduled for VA examinations to address these issues.

The Board has determined that the Veteran's right shoulder impingement with acromioclavicular degenerative joint disease, low back strain, bilateral hearing loss, hypertension, and scars post-bilateral inguinal repair surgery are all adequately contemplated by the schedular rating criteria.,As such, referral for extraschedular consideration is not warranted.

The Board found that the Veteran's coccyx injury with resulting low back disability did not first manifest during active service or within one year of discharge, and thus denied his claim for service connection.

The Board has remanded the claims for further development due to missing service treatment records and scheduling of VA examinations.

The Veteran's lumbosacral strain with degenerative arthritis has been rated at 40 percent since July 14, 2008. The rating is based on the severity of his symptoms including pain, stiffness, swelling, instability, fatigue, and lack of endurance.

The Board found that the appellant's current back disability did not begin or worsen during any of his Reserve service periods and denied service connection.

The Board has determined that the Veteran's low back disability, including chronic low back strain and degenerative disc disease of the lumbar spine with herniated discs, did not have its onset during service or as a result of an injury or event of service origin. The evidence is against a finding that the Veteran is unable to secure and follow a substantially gainful occupation consistent with his education and occupational experience by reason of his service-connected disabilities.

The Board denied service connection for a back disorder and neck disorder, both claimed as rheumatoid arthritis. The Veteran's current disabilities are not related to his military service.,For the period from February 7, 2008 to April 2, 2008, the Veteran did not have any source of income qualifying him for nonservice-connected pension benefits.

The Board has ordered a new examination to determine the relationship between the Veteran's back symptoms and his service-connected knee disabilities. The case is being remanded for this purpose.

The Veteran's right knee degenerative joint disease is rated at 20 percent prior to September 6, 2016 and 10 percent thereafter. His lumbar spine disability is rated at 20 percent. The Board granted the increased rating for his right knee degenerative joint disease and denied the TDIU claim.

The Board found that the Veteran's current back disability was not caused or aggravated by his service-connected knee disabilities and is not otherwise related to service.

The Veteran's claim for a rating excess of 10 percent for chronic lumbosacral strain prior to July 21, 2016, and in excess of 20 percent from July 21, 2016 onward is being remanded due to the need for additional development.

The Board finds that the Veteran's back and right hip disabilities were not directly caused by his military service. The VA examiners concluded that it is less likely than not that these conditions are related to his service-connected disabilities, including as a result of a limp.

The case is being remanded for further development to address the service connection claims for various ankle and hip disabilities, as well as a low back disability. The Veteran's assertions of secondary service connection are deferred until these issues are resolved.

The Board has denied the Veteran's claims for service connection for back and neck disorders due to lack of new and material evidence.