Back / lumbar spine decisions — 2017

The Board has reopened the claim of entitlement to service connection for a back disorder and granted it, finding that new evidence received since the February 2005 rating decision raises a reasonable possibility of changing the prior outcome. The Board also found that the Veteran's current back disorder is less likely than not related to his active duty service.

The Veteran's low back disability is service connected as it is proximately caused by his service-connected knee problems. The acquired psychiatric disability is also service connected as secondary to the service-connected physical disabilities.

The Board has granted service connection for sleep apnea and lumbar sprain, but denied service connection for right hip condition and left hip condition as they are not considered to be related to the Veteran's active service.

The Board has determined that further development is needed to address the appellant's claims for service connection and TDIU, including obtaining verification of her periods of active duty training (ADT) after 1980, obtaining all relevant VA and non-VA treatment records, scheduling a VA audiology examination, and verifying SSA disability benefits.

The Board has granted the Veteran's claims for service connection for a low back disability and left hip disability, both secondary to his service-connected bilateral ankle disabilities.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a low back disability. The July 2010 rating decision denying service connection was final, and no new or material evidence has been submitted since then.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, left shoulder disability, left elbow disability, cervical spine disability, and lumbar spine disabilities. The Veteran's dermatitis claim was granted with a 10 percent rating effective June 27, 2011.

The Board has determined that the Veteran's lumbar spine disability does not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, conducting a VA examination, and providing an etiology opinion. The Veteran's claim of service connection for degenerative arthritis of the lumbar spine will be reconsidered after these steps.

The Veteran has withdrawn his appeals regarding the evaluations for thoracolumbar spine DDD and status post vertebral fusion with slight dextrorotoscoliosis, right knee retropatellar pain syndrome with osteoarthritis, right total knee arthroplasty, status post left total knee replacement, DJD right shoulder status post rotator cuff repair and pin replacement, and hypertension. As such, these issues are dismissed.

The Veteran's claims for service connection were denied, and the Board found that new and material evidence had not been received to reopen several previously denied claims. The right ankle tibiotalar degenerative joint disease was rated at 20 percent, but no higher due to lack of ankylosis. The noncompensable scar rating remained unchanged.

The Board found that the Veteran did not file a timely notice of disagreement with regard to the February 2013 rating decision granting service connection for a back disability.

The Board has determined that the Veteran's low back, right hip, and right knee disorders are not service-connected as they are not related to his service-connected left knee disorder.

The Board has granted service connection for DDD of the cervical spine and arthritis of the left knee, finding that these conditions are at least as likely as not caused by or aggravated by the Veteran's service-connected disabilities.

The Veteran's appeal was granted, with the exception of his request for a TDIU rating. The left shoulder and low back disorders were rated at 10 percent each, while the left knee disorder received a staged rating from 10 to 20 percent.

The Board has denied the Veteran's claims for service connection for various conditions, including left hip disorder, right hip disorder, right shoulder disorder, back disorder, heart disorder, and prostate disorder. The decision is based on a finding that there was no evidence of these conditions during or within one year after service.

The Board has granted service connection for residuals of a right thumb injury, right lower extremity radiculopathy associated with service-connected lumbar spine disability, and right piriformis syndrome.,Reasoning: The evidence is at least evenly balanced as to whether the Veteran currently has these conditions related to his in-service injuries.

The Board has determined that the Veteran's low back disorders are related to his service, and thus granted service connection for these conditions. The chronic pain disorder is not considered service-connected.

The Veteran's low back disability was rated at 10 percent prior to September 26, 2016 and increased to 20 percent effective September 26, 2016.

The Veteran's claims for service connection of various conditions, including those presumed due to in-service radiation exposure, have been denied. The Board found no evidence linking these conditions to his military service.