Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's left knee and low back disorders are at least as likely as not caused by his service-connected right knee disorder, warranting a grant of service connection for these conditions.

The Board found that the reduction of the Veteran's disability rating from 40 percent to zero percent for lumbar spine strain was improper due to failure to comply with procedural requirements, and thus the prior rating is restored.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected low back strain. The effective date issue related to right lower extremity radiculopathy will also be addressed.

The Veteran's claim for service connection for sleep apnea has been granted. The issue of service connection for prostate disability was withdrawn by the Veteran, and the issue of service connection for low back disability is being remanded.,A new examination revealed a diagnosis of low back disability. Additional VA treatment records are needed to support this finding.

The Veteran's claims for increased ratings and service connection have been denied. The Board has remanded the claim for low back disability to the AOJ.

The appeal is being remanded to the RO due to scheduling issues for a hearing before the Board. The Veteran's low back disability claim remains under review.

The Board found no evidence of a service connection for the Veteran's lower back disability, including lumbar strain with paraspinal spasm and asymptomatic scoliosis. The current conditions are deemed to be unrelated to her active duty service.

The Veteran's cervical spine disability is currently rated at 20 percent, reflecting limitation of motion to 30 degrees in flexion and extension. The Board finds that this rating adequately reflects the severity of his condition.

The Board found that the Veteran's pre-existing back condition existed prior to service and was not aggravated by active duty, thus denying his claim for service connection.

The Board has granted service connection for a low back disability and a right inguinal hernia, finding that new and material evidence was submitted to reopen these claims. The claim for a respiratory disorder due to Agent Orange exposure is denied as there is no competent medical evidence linking the condition to service or Agent Orange exposure. The claim for sleep apnea is also denied as there is no current diagnosis of this condition.

The Board has determined that additional development is needed to determine if new and material evidence has been received to reopen the Veteran's claim for service connection for a back disorder. The issues of whether new and material evidence has been received to reopen the claim for service connection for an acquired psychiatric disorder, including PTSD and depression, are also on appeal.

The Veteran's service connection claim for bilateral tinnitus was granted. The remaining issues are addressed in the REMAND portion of this decision.

The Board has remanded the case due to inadequate medical opinions and outstanding VA treatment records. The Veteran's claim for service connection for a low back disability will be reconsidered after obtaining additional evidence.

The Veteran's claims for increased ratings for left ankle strain, left hip strain, and left knee strain are being remanded due to inadequate VA examination findings. The case is also being remanded for a VA examination to determine the severity of his lumbar spine disorder.

The Board has determined that the Veteran's back disability, including ankylosing spondylitis, was not incurred during active service and is unrelated to his military service. The claim for service connection is denied.

The Board has decided to remand the case for further development, including obtaining service treatment records and arranging a VA examination.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the etiology of his lumbar spine disability, left hip arthritis, and erectile dysfunction. The VA will need to ensure all relevant records are obtained from SSA.

The Board has determined that the Veteran's current diagnoses of left shoulder, lumbar spine, and cervical spine musculoskeletal disabilities are not related to his service or the service-connected disabilities. The evidence does not support a finding of a nexus between these conditions and the in-service injuries.

The Board denied an extraschedular rating for the Veteran's degenerative disc and joint disease, finding that his disability picture did not warrant such a rating given the lack of marked interference with employment or frequent periods of hospitalization.

The Veteran's claims for seborrheic keratosis, memory loss, shortness of breath, leg pain, and lumbar spine disability have been denied as there is no evidence to support a service connection.