Back / lumbar spine decisions — 2017

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronic back pain or disability prior to his employment injury in 1996. The appeal is therefore denied.

The Board found that the Veteran's claimed disabilities did not manifest within one year of separation from service and were not otherwise related to his military service.

The Board has remanded the case for additional development, including obtaining a medical opinion on whether the Veteran's lumbar spine disorder is related to his service-connected bilateral foot disorder.

The Veteran is unable to obtain and maintain substantially gainful employment due to her service-connected disabilities, which include headaches, major depressive disorder, lumbosacral strain, cervical strain, hearing loss of the right ear, status post nasal bone fracture, and a burn scar of the right forearm. As such, the criteria for TDIU have been met.

The Veteran's lumbar spine disability was rated at 40 percent effective September 18, 2014.

The Veteran meets the schedular requirement for TDIU on a schedular basis from November 29, 2011 due to his service-connected disabilities. The Board grants TDIU on this basis.

The Veteran's appeal for service connection for a low back disability was dismissed because he failed to provide necessary authorizations for VA to obtain pertinent private treatment records, leading to the abandonment of his claim.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and issuing a statement of the case for the issue of an initial disability rating in excess of 50 percent for PTSD with unspecified depressive disorder.

The Board has determined that the Veteran's current low back disability is a result of an in-service motor vehicle accident, and thus service connection is granted.

The Board has determined that the Veteran's low back disability is not related to his military service and therefore denied his claim for service connection. The other issues were not addressed as they are part of a separate appeal.

The Board has reopened the Veteran's claims for service connection for degenerative arthritis of the lumbar spine and tinnitus, as new evidence received since the final May 2009 rating decision raises a reasonable possibility of substantiating these claims.,However, the Board finds that there is not sufficient evidence to grant either claim on the merits.

The Veteran's claims for service connection for bilateral knee condition and lumbar degenerative disc disease are being remanded due to the need for additional examination as some or all of his service treatment records may have been lost.

The Veteran withdrew his appeals for the issues of entitlement to an initial evaluation in excess of 10 percent prior to September 2, 2015, and in excess of 40 percent thereafter, for myofascial lumbar pain, and whether new and material evidence has been received to reopen a claim for service connection for a right hip disability, to include as secondary to service-connected chondromalacia of the left knee.

The Veteran's lumbosacral strain with DDD and IVDS was granted a disability rating of 20 percent effective February 8, 2010. The issue of entitlement to TDIU prior to June 16, 2014, remains on appeal.

The Board found that the Veteran's current low back disability is not directly attributable to service and was not caused or permanently worsened by his service-connected right ankle disability.

The Board has ordered a remand to obtain an addendum opinion from the VA examiner regarding whether the Veteran's back disability is secondary to his service-connected neck condition and if so, whether his right leg disability is also related to that back disability. The case will be returned for further review.

The Veteran's thoracolumbar and cervical spine disabilities have been rated based on their functional impairment, but the evidence does not support a higher rating than the currently assigned disability ratings.

The Board has denied service connection for neck and back disabilities due to a lack of evidence linking the current conditions to service, with no indication of in-service injury or continuity of symptomatology.

The Veteran's migraine headaches are service-connected, but her head injury and anemia claims are denied as there is no evidence of a current disability related to these conditions. Her bilateral hearing loss and skin disorder (mycosis fungoides) were not incurred in service.

The Board has determined that the Veteran's low back and left knee disorders are at least as likely as not related to her military service, with resolution of reasonable doubt in her favor. The cervical spine disorder and acquired psychiatric disorder claims require additional development.