Back / lumbar spine decisions — 2017

The Veteran's degenerative disc disease lumbar spine is currently rated at 20 percent from November 20, 2009 to June 2, 2015 and at 40 percent thereafter. The Board finds that the evidence does not support a higher rating during this period.

The Board has granted service connection for a back disorder, finding that the Veteran's current condition is related to his military service. The lung disorders are not considered service-connected due to lack of evidence supporting their onset during service.,Regarding the renal disorder claim (38 U.S.C. § 1151), no decision was made as this issue was addressed in a separate REMAND.

The Veteran's diabetes type II is not related to his military service. The Board finds that VA examinations are needed for the left shoulder, left foot, and back disabilities.

The Veteran's anemia is rated at 30 percent, and her migraine headaches are granted on a secondary basis to her service-connected menorrhagia. The Veteran's hearing loss and diplopia were not addressed in the decision.

The Board has remanded the case due to discrepancies in the evidence and the need for further development, including obtaining VA treatment records and making inquiries about the Veteran's service treatment records.

The Board has determined that the Veteran's lower back disability, including spinal stenosis, is etiologically related to his active duty service and therefore grants service connection.

The Veteran is entitled to SMC at the highest level due to his need for aid and attendance, including help with daily activities such as bathing, feeding, dressing, and managing medications. His condition requires substantial care on a daily basis.

The Board has determined that the Veteran's lumbar spondylosis, left knee pain, and left ankle pain are related to his active duty service.

The Veteran seeks service connection for obstructive sleep apnea and increased ratings for his service-connected lumbar spine disability and radiculopathy. The Board finds that remand is necessary to obtain a VA examination, as well as updated VA treatment records.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran's service-connected PTSD and lumbar spine disability render him unable to secure or follow a substantially gainful occupation, meeting the criteria for TDIU.

The Veteran's claims for service connection for right knee and lumbar spine disabilities have been denied as there is no medical evidence linking these conditions to his military service.

The Board finds that the Veteran's low back disability is causally related to service and grants service connection for a low back disability.

The Veteran has withdrawn his appeals on all issues related to service connection, including diabetes mellitus, skin disorder, osteoarthritis, lumbar spine disorder, cervical spine disorder, and neuropathy.

The Veteran's appeal is being remanded for additional development to assess the impact of his service-connected disabilities on his ability to secure and follow substantially gainful employment.

The Board has determined that the Veteran's low back disability had its onset during his active duty service and grants service connection for this condition.

The Board has decided that the Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability requires additional development, including a new VA examination to assess the current severity of the condition and ensure proper range of motion testing.

The Board has determined that the Veteran does not meet the criteria for service connection for a right knee meniscus tear or low back disability, as there is no medical evidence of record supporting these claims. The claim for right knee meniscus tear secondary to ACL repair residuals was denied due to lack of current diagnosis and no causal relationship established. For the low back disability, the Board found that while the Veteran has complained of pain since service, there is no objective evidence of an underlying condition or injury related to his in-service accident.

The Board finds that the Veteran's low back disabilities, including congenital lumbar scoliosis, degenerative arthritis of the spine, and lumbar spondylosis, are not related to active service. The evidence does not support a finding of in-service incurrence or aggravation.

The Board has denied the Veteran's claims for service connection for back disability and peripheral neuropathy of the bilateral upper and lower extremities. The decision is based on the finding that the Veteran had a pre-existing back condition prior to service, which was not aggravated by service.