Back / lumbar spine decisions — 2017

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service and is not proximately due to, the result of, or aggravated by a service-connected disease or injury. Arthritis may not be presumed to have been incurred therein.

The Board has granted service connection for a back disability, bilateral hearing loss, and tinnitus. The Veteran's claims are supported by credible statements regarding in-service noise exposure and continuity of symptomatology since service.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the nature and etiology of his low back disability. Additionally, an initial compensable evaluation for hypertension must be addressed.

The Board has remanded the case for further development due to new evidence received since the last prior adjudication.

The Board has granted service connection for cervical spine degenerative disc and joint disease, radiculopathy of the upper extremities as secondary to service-connected cervical spine degenerative disc and joint disease, lumbar spine degenerative disc and joint disease, and radiculopathy of the right lower extremity as secondary to service-connected lumbar spine degenerative disc and joint disease. The Veteran's current disabilities are related to his military service.

The Board has remanded the case due to scheduling issues for a videoconference hearing and clarification of the Veteran's incarceration status.

The Board has granted service connection for residuals of a low back strain with variation of lumbosacral joint area and secondary service connection for radiculopathy, right and left lower extremities as secondary to the Veteran's low back disability.,The evidence shows that the Veteran had chronic symptoms following his in-service injury and these symptoms have continued since separation from service. The Board finds that the current diagnoses of arthritis and radiculopathy are related to the Veteran's service-connected low back strain.

The Board has granted service connection for bilateral upper extremity neurological disorders and remanded the remaining claims to the AOJ.

The Board has decided to remand the case for additional development, including obtaining STRs and Social Security Administration records. The appellant's claim for service connection for a back disorder will be reconsidered based on the new evidence.

The Board has granted service connection for Major Depressive Disorder (MDD) as secondary to the Veteran's service-connected lumbar strain with DDD and IVDS. The rating for left lower extremity radiculopathy remains at 10 percent.

The Veteran is not rendered unable to obtain (secure) or maintain (follow) substantially gainful employment as a result of service-connected disabilities for any period.

The Board has remanded the case due to the need for additional development, including obtaining an addendum medical opinion from a VA examiner.

The Veteran's claim for service connection for his back conditions, including cervical and lumbar spine disabilities, is being remanded due to the need for additional medical opinions regarding the etiology of these conditions. The TDIU claim is also being remanded as it is inextricably intertwined with the service connection claims.

The Board denied the Veteran's claims for service connection and increased ratings, finding that there was no evidence of a nexus between his claimed conditions and his active service or presumed herbicide exposure.

The Veteran's claim for a higher rating for his service-connected low back disability was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to November 5, 2005 and after this date.

The Veteran's low back disability was rated at 20 percent prior to August 31, 2006. From that date forward, the maximum schedular rating of 40 percent for severe limitation of motion of the thoracolumbar spine has been granted.

The Veteran's service-connected degenerative arthritis of the spine has been rated at 40 percent since September 11, 2015. This is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case for further development, including obtaining records from the New Jersey Division of Workers' Compensation. The Veteran's claims for service connection are pending and will be reconsidered after this additional development.

The Board found that a chronic low back disorder was not incurred in or aggravated by service and is not shown to be related to service.

The Veteran's claim for a higher initial rating for his back disability was denied by the Board in April 2016. The case is being remanded to obtain additional medical evidence and to provide the Veteran with an appropriate VA examination.