Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims for service connection of a cervical spine disorder and an increased rating for his lumbar spine disability. The evidence did not establish that the Veteran's current cervical spine disorder was related to his active service or due to his service-connected lumbar spine disability. For the lumbar spine disability, the evidence did not show ankylosis, which is required for a higher rating.

The Board denied the Veteran's claims for service connection for a low back disorder and a mental/mood disorder, finding that new and material evidence had not been received to reopen the low back disorder claim. The mental/mood disorder claim was also denied as there is no evidence of current disability.

The Veteran's upper extremity radiculopathy is found to be secondary to his service-connected cervical spine degenerative disc disease.

The Veteran is seeking a TDIU rating based on his service-connected lumbar spine and radiculopathy disabilities. The case requires further development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his employability due to these conditions.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service treatment records and a VA examination for his claimed headaches.

The Board finds that the Veteran does not have a current cervical spine, lumbar spine, right hip, or left hip disorder that is related to his active service or secondary to a service-connected disability. The VA examiner's opinion was based on thorough review of the medical history and provided a reasoned analysis.

The Board has determined that service connection is not warranted for a low back condition or benign prostate hypertrophy.

The Board found that the Veteran's bilateral hearing loss and tinnitus did not manifest during or as a result of his military service, and thus denied these claims. For the lumbar condition, the Board determined there was no evidence of continuity of symptomatology from service to present, and therefore denied this claim.

The Veteran's PTSD is linked to military sexual trauma experienced in service, and he has current symptoms of the condition.,His alcohol dependence is secondary to his diagnosed PTSD.

The Board found that the Veteran's low back disorder is not related to his active duty service, including a motor vehicle accident during service. The evidence does not support a finding of direct or secondary service connection.

The Veteran's service-connected disabilities, including PTSD, low back disability, and radiculopathy of the bilateral lower extremities, render him unable to secure or follow a substantially gainful occupation.

The Board found that a chronic low back disability was not shown in service or for several years thereafter, and is not otherwise the result of a disease or injury incurred in active service. Therefore, service connection for a low back disability has not been established.

The Board has denied the Veteran's claim of service connection for a low back disorder, finding that there was no increase in disability beyond natural progression during active duty service or in line of duty during Guard service.

The Veteran does not have a disorder of the lumbar spine, joint pain to include bilateral shoulders, or sleep apnea that was caused by his service.

The Veteran's claim for nonservice-connected pension benefits was denied because he had been incarcerated since July 1981, which is more than sixty-one days after his conviction and incarceration. The claims of service connection for a low back disability and an acquired psychiatric disorder to include PTSD are remanded due to the need for additional medical opinions.

The Board has remanded the case for further development, including scheduling a videoconference hearing. The Veteran's claims of service connection for chronic bronchitis, an acquired psychiatric disorder (including PTSD, anxiety disorder, and major depressive disorder), low back disorder, and deafness in the right ear are pending.

The Veteran's fibromyalgia and chronic low back pain with degenerative changes are service-connected, and the claim for a higher rating is granted.

The Board found that the Veteran's DDD of the lumbar spine did not warrant a rating higher than 40% prior to October 20, 2009. The effective date for the 40% rating is set as October 20, 2009.

The Veteran's appeal is remanded due to the need for a new VA examination of her lumbosacral strain and because the issue of TDIU is inextricably intertwined with the rating claim.

The Veteran's appeal for a higher rating for allergic rhinitis with sinusitis was dismissed due to his withdrawal of the appeal.