Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims for service connection for diabetes mellitus, high blood pressure/HTN, and coronary artery disease (CAD) as secondary to his lumbar spine disability. The Board found that there was no evidence of a chronic low back disorder in service or within one year after separation from service.

The Board has determined that the original grant of service connection for lumbar spine and right hip disabilities was clearly erroneous due to the Veteran's willful misconduct, leading to a decision denying these conditions.

The Veteran's lumbar spine disability is rated at 40 percent, effective October 8, 2010. The left lower extremity radiculopathy is separately rated at 10 percent.

The Veteran's appeals for increased evaluations and SMC based on the need for regular aid and attendance of another person have been dismissed as she has withdrawn her claims.

The Board has granted service connection for tinnitus, finding that the Veteran's current condition is related to his in-service noise exposure. The claim for service connection for back disability remains pending and will be remanded for further development.

The Board has determined that the evidence is in equipoise as to whether the Veteran's lumbar spine disorder was incurred in service, and thus grants service connection for a low back disorder. The claim for service connection of the left shoulder condition remains pending.

The Board has determined that the appellant does not have qualifying federalized service, and therefore cannot establish service connection for his claimed bilateral hearing loss, tinnitus, or low back disorder.

The Veteran's low back disability is granted as service-connected. The chest and left knee disabilities are pending further development.

The Veteran is granted a 50 percent rating for his service-connected headaches, effective from the date of the decision. He is also granted entitlement to TDIU based on his service-connected headaches. The claim for reopening of the thoracolumbar spine disability claim has been granted.

The Board has determined that additional development is required to determine the nature and etiology of the Veteran's lower back disability and acquired psychiatric disorder, as well as whether service connection should be granted. The case will be remanded for further examination and consideration.

The Veteran's daughter is seeking various ratings and service connection for multiple conditions, but the appeal has been remanded due to scheduling issues.

The Veteran's claims for higher ratings for his service-connected lumbar disability, radiculopathy of the bilateral upper extremities, and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not support a rating in excess of 10 percent for left leg venous insufficiency.

The Board found that the Veteran's low back disorder did not manifest during service or within one year of separation, and has not been shown to be otherwise causally related to service. Therefore, the claim for service connection was denied.

The Board has remanded the case for a new VA examination to address the Veteran's secondary service connection claim for his low back disability. The examiner must provide an opinion as to whether it is at least as likely as not that the Veteran's low back disability was caused or aggravated by his service-connected left foot disabilities, including considering the impact of his altered gait.

The Board has determined that the Veteran's cervical spine and headache disabilities were not incurred or aggravated by service, including as secondary to his service-connected right and/or left shoulder disabilities. The medical evidence does not support a connection between these conditions and his military service.

The Board has remanded the Veteran's claims for additional development due to a lack of examinations and medical records, as well as an official determination regarding Agent Orange exposure.

The Board has denied the Veteran's claims for service connection for fibromyalgia and a low back disability, finding that there is no evidence of such conditions during service or related to service-connected disabilities. The effective date for the grant of service connection for left lower extremity nerve entrapment, residuals of frostbite of left foot, remains December 8, 2006.

The Veteran's claims for service connection were denied as there is no current diagnosis of the claimed conditions and they are not related to his military service.

The Veteran's claim for an evaluation in excess of 40 percent for his low back disability is denied. The evidence does not show unfavorable ankylosis or incapacitating episodes as required for a higher rating.

The Board has remanded the case to the AOJ for additional development. The Veteran is entitled to a hearing before a Travel Board.