Back / lumbar spine decisions — 2017

The Veteran's claim for an effective date earlier than May 1, 2010 for additional dependency benefits was denied as no evidence of the birth of his dependent son [redacted] was provided to VA before April 5, 2010.

The case is being remanded for additional development to determine the current severity of the Veteran's service-connected degenerative disc disease of the lumbar spine and any associated neurological impairments, as well as to obtain outstanding medical records. The Veteran may be granted a higher disability rating or TDIU if his condition warrants it.

The Board has determined that the Veteran's current low back disabilities, diagnosed as degenerative arthritis and disc disease of the lumbosacral spine, are service-connected. The right knee disability claim is remanded for further development.

The Board has remanded the claim for further development due to the need for an additional VA examination and consideration of whether the Veteran's lumbar spine disability is related to his service-connected right knee disability.

The Veteran's left shoulder disability is not rated higher than 30 percent, and his degenerative arthritis of the lumbar spine has been rated as 10 percent prior to March 18, 2011, and 10 percent thereafter.

The Veteran's appeal for higher disability ratings and TDIU was granted, with the effective date being June 2, 2014.

The Board found that the Veteran's service-connected conditions did not cause or contribute to his death from pancreatic cancer, which developed after service.

The Board found that the Veteran's cervical and thoracolumbar spine disabilities did not pre-exist service or manifest during service, and are not otherwise related to active military service. As such, service connection for these conditions is denied.

The Board has remanded the case for additional development due to incomplete records and inadequate opinions in a previous VA examination.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claims for service connection, and thus the claims are denied.

The Board has reopened the claim for service connection for a low back disorder, but the issue of secondary service connection due to right foot pes planus and left foot hallux valgus was not adjudicated. The case is REMANDED for further development on both direct and secondary bases.

The Veteran's claim for service connection for a low back disorder, including status post spinal fusion for L4-L5 spondylolisthesis, is being remanded due to the need for an adequate VA examination and nexus opinion.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disability and a back disability, finding no new and material evidence to reopen the claims and concluding that there is insufficient evidence to establish a link between his current disabilities and military service.

The Board found no evidence of an in-service event that could have caused or aggravated the appellant's claimed back disability, hypertension, stomach disability, acquired psychiatric disability (mental stress), or hemorrhoids. Therefore, service connection for these conditions was denied.

The Board has granted service connection for patellar tendonitis of the right knee and pes cavus of the right foot. Service connection is also granted for lumbar degenerative disc disease, claimed as a lower back condition, but further development is needed due to an incomplete medical record.

The Board has determined that a new medical opinion is needed to assess the relationship between the Veteran's low back disability and his service, as well as additional VA outpatient treatment records are required.

The appellant withdrew his appeals for restoration of service connection for lumbar spine osteoarthritis, cervical spine degenerative arthritis and left lower extremity sensory deficit.

The Veteran's sciatic neuropathy of the right lower extremity is currently rated as 10 percent disabling. The Board found that a higher rating in excess of 10 percent was not warranted. For his depressive disorder and mechanical low back pain, he is entitled to an initial disability rating of 50 percent.

The Board found no evidence to support a service connection for the Veteran's low back disorder, as there was insufficient medical evidence linking his current condition to his military service. The claim is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling appropriate examinations to address the severity of his left knee disability and the nature and etiology of his low back disability.