Back / lumbar spine decisions — 2017

The Veteran's claims for service connection are being remanded due to inadequate VA examinations and the need for additional medical records. The Board will consider whether his conditions may be related to undiagnosed illness or direct service.

The Board has dismissed the appeal of the claim for service connection for blood clots. The remaining issues are addressed in the REMAND portion of the decision.

The Board has denied the Veteran's claims for service connection for low back, left knee, and left ankle disabilities due to a lack of evidence linking these conditions to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the current severity of his service-connected cervical spine, right knee, and surgical scars disabilities.

The Veteran's appeal is being remanded for a new VA examination to evaluate the current nature and severity of his service-connected thoracolumbar spine disability. The claim will be readjudicated after the examination.

The Board has remanded the case due to incomplete development and need for a new VA examination.

The Veteran's right elbow arthralgia is currently rated at 20 percent, and the Board finds that it more closely approximates a limitation of motion to 70 degrees.

The Board has determined that the Veteran's claim for an effective date prior to April 9, 2008 is not warranted as there was no increase in his service-connected lumbosacral spine disability during the year prior to filing his claim. The current effective date of June 16, 2009, remains.

The Board found no evidence of a current back disability that is causally related to active service, and thus denied the Veteran's claim for service connection.

The Veteran's thoracolumbar spine arthritis was not manifested by incapacitating episodes of intervertebral disc syndrome requiring prescribed bed rest, and the combined range of motion did not meet the criteria for a higher rating. The current disability rating of 40 percent is denied.

The Veteran's lumbosacral strain and degenerative disc disease were rated at 40 percent prior to July 5, 2011. The disability did not meet the criteria for a higher rating as there was no evidence of ankylosis or intervertebral disc syndrome.

The Board has determined that further development is needed to determine the etiology of the Veteran's lumbar spine disability, including whether it is related to his active duty service. The case is therefore being remanded for a VA examination and opinion.

The Veteran's DJD of the lumbar spine is currently rated at 20 percent, effective June 14, 2016. The disability has been found to more nearly approximate forward flexion of 30 degrees or less and symptoms did not more nearly approximate ankylosis of the entire thoracolumbar spine.

The VA Board found no evidence linking the Veteran's current low back disability to his service, specifically noting that there is nothing in the orthopedic literature indicating that isolated lumbar strains or coccydynia will cause degenerative changes in the lumbar spine. The examiner concluded that the Veteran's current condition is less likely than not related to his service.

The Board has determined that the Veteran's current bilateral hearing loss and low back disability are not related to his military service, including noise exposure. The evidence does not support a finding of in-service injury or disease for either condition.

The Board has determined that the Veteran's cervical spine disability did not result from an injury or disease in service and is therefore denied. The low back disability issue requires further evaluation as it may be related to his cervical spine disability.

The Board denied the Veteran's appeal because the documents submitted on February 2, 2010 did not constitute a timely and adequate substantive appeal for his claim of service connection for a back disorder.

The Board finds that the Veteran's low back disability is at least as likely as not related to his service-connected bilateral knee disability, and thus grants entitlement to service connection for a lumbar spine disorder.

The Board is remanding the case for additional development, including obtaining SSA disability records and providing an opinion on whether any back disabilities are related to service.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation since May 1, 2009. The Board finds that the evidence is at least in equipoise with respect to whether his service-connected disabilities precluded him from securing or following substantially gainful employment prior to April 16, 2014.