Back / lumbar spine decisions — 2017

The Veteran's appeal has been dismissed as the representative withdrew the appeal prior to a decision being made.

The Board finds that the evidence is at least in equipoise as to whether degenerative disc disease of the lumbar spine, a right wrist fracture with arthritis, and left knee strain (left knee mechanical derangement) were incurred or aggravated by service.,Service connection for currently diagnosed conditions of the lumbar spine, right wrist, and left knee are granted.

The Board has reopened the Veteran's claims for service connection for low back strain and bilateral hearing loss, as new and material evidence has been received. The claim for service connection for low back strain remains pending on its merits, while the claim for service connection for bilateral hearing loss is denied.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric condition, a dental disability due to trauma, and a low back disability. The evidence does not support a finding of in-service injury or disease that would warrant service connection.

The Veteran's radiculopathy of the right lower extremity and lumbar spine disability have been granted effective December 31, 2012. The scar associated with his lumbar spine disability has also been granted an initial rating.

The Veteran's representative dismissed the appeal due to a full grant of benefits in the November 2016 supplemental statement of the case (SSOC).

The Board found the evidence against a finding that the Veteran's low back disorder is related to his service, and denied service connection for this condition. The issue of sleep disorder was remanded due to insufficient information regarding its etiology.

The Veteran's service-connected disabilities, including unspecified major depressive disorder and lumbar spine degenerative disc disease, preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's lumbar disc disease prior to March 7, 2016 was not characterized by severe enough muscle spasms or guarding to result in abnormal gait or spinal contour. From March 7, 2016, the disability did not meet the criteria for a rating higher than 20 percent.

The Board finds that the Veteran's current low back disability is not related to his active duty service. The evidence does not support a nexus between the Veteran's in-service complaints of back pain and his current condition.

The Board has remanded the case for additional development due to inadequate medical examinations and consideration of new evidence.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection of back, cervical spine, and bilateral foot disorders. The May 2004 rating decision is final.

The Veteran withdrew his appeals, and the Board has dismissed both issues due to lack of jurisdiction.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and incomplete range of motion testing.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals. The issues remaining on appeal are related to service connection for head injuries, lumbar spine disabilities, and cervical spine disabilities.

The Veteran's appeal for service connection for a back disorder and an initial rating for bilateral hearing loss has been denied. The Veteran is not entitled to a compensable rating prior to August 29, 2012, or in excess of 10 percent thereafter.

The Board finds that the Veteran's current lumbosacral strain, right knee strain, and left ankle strain are at least as likely as not caused by his active service.,For the reasons stated above, the claims for service connection for these disabilities are granted.

The Veteran's service-connected disabilities, including migraine headaches, major depressive disorder, Crohn's disease, thoracolumbar strain, right lower extremity radiculopathy, and residuals of a scar post biopsy excision, preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case for further development due to the need to obtain Social Security Administration (SSA) records relevant to the Veteran's claim.

The case is being remanded to the AOJ for further development, including consideration of new evidence and a thorough review of the Veteran's employability.