Back / lumbar spine decisions — 2017

The Veteran's claims for service connection for right knee and low back disorders are being remanded due to the need to obtain additional VA treatment records.

The Board denied the Veteran's claim for service connection of a low back disability, finding that it was not incurred or aggravated during his active duty and could not be presumed due to lack of evidence. The examiner opined that the current condition is less likely caused by an in-service injury.

The Veteran's service-connected lumbar spine disability has been rated at 40 percent, the highest schedular rating available. The Board also granted a TDIU based on his service-connected disabilities rendering him unable to secure and follow a substantially gainful occupation.

The Board found that the Veteran's current low back disorder is not related to his active military service and denied his claim for service connection. The issue of entitlement to an increased rating for bilateral hearing loss was also addressed, but as this issue had already been on appeal from a previous decision, it did not result in any change.

The Board has remanded the case for additional development to obtain relevant medical records and provide a new VA examination to address the etiology of all diagnosed low back disabilities.

The Veteran's claims for higher initial ratings for DDD of the lumbar spine and right side lumbar radiculopathy were denied by the Board. The appeals are now before the Court, which set aside the June 2015 decision insofar as it pertained to these issues.

The Board has determined that additional development is needed for the Veteran's claims, including a new VA examination to assess the severity of his lumbar spine disability and its impact on his ability to work. The TDIU claim will be readjudicated after the increased rating claim.

The Board has remanded the case due to inadequate examination and failure to consider presumptive service connection for a chronic multisymptom illness.

The Veteran's claims for increased ratings and TDIU have been denied. The Board found that the evidence did not support higher ratings for his lumbar spine disability, and he has abandoned his claim of service connection for radiculopathy of the lower extremities.

The Veteran's appeal is being remanded to the AOJ for referral to the Director, Compensation Service, for consideration of a TDIU on an extraschedular basis.

The Veteran's appeal is being remanded for further evidentiary development, including scheduling a VA examination and obtaining updated VA treatment records. The issues of increased rating for his back disability and TDIU are also being addressed.

The Veteran's service-connected thoracolumbar spine disability has not resulted in ankylosis or incapacitating episodes, and his symptoms are adequately addressed by the current 40 percent rating.

The Board has determined that the Veteran's low back disorder, including chronic lumbosacral strain, is not related to service and therefore denied his claim for service connection.

The Veteran's radiculopathy of the left lower extremity is rated at 40 percent, which is the highest available rating under the applicable diagnostic code. The claim for rheumatoid arthritis and degenerative disc disease was granted.

The Board has remanded the case for additional development, including obtaining Reserve service treatment records and providing an opinion on the etiology of the Veteran's current back disorder.

The Veteran's bilateral knee disability is found to be secondary to his service-connected bilateral pes planus and/or low back strain, and thus granted service connection for this condition.

The Board finds that the evidence is at least in equipoise on the question of a nexus between the Veteran's service and his diagnosed degenerative arthritis of the low back. Resolving reasonable doubt in favor of the Veteran, the claim for service connection for degenerative arthritis of the low back is granted.

The Veteran's sleep apnea, lumbar degenerative disc disease, and right upper extremity radiculopathy have been granted service connection. The effective dates for these conditions are April 8, 2008, August 24, 2015, and August 24, 2015 respectively.

The Board found that the Veteran did not meet the criteria for service connection for any of his claimed conditions, including a low back disorder, bilateral shoulder and hip disorders, cervical spine disorder (neck), or insomnia disorder (claimed as sleep apnea). The evidence did not establish a link between these conditions and active duty service.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by active military service, is not secondary to a service-connected disability and may not be presumed to have been incurred in service.