Back / lumbar spine decisions — 2017

The Veteran's left knee DJD is service-connected, and his right L5-S1 radiculopathy remains at a 20 percent rating. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's bilateral hearing loss is found to be related to in-service acoustic trauma, and service connection for this condition is granted. The lumbar spine disability issue remains pending as the Board has not addressed it yet.

The Board has granted service connection for sleep apnea and reopened the claims for service connection for back disorder and right ear hearing loss. The Veteran's left ear hearing loss claim is remanded for additional development.

The Board has determined that the Veteran's preexisting lumbar strain/myositis was aggravated during active service, and thus service connection is granted.

The Board has determined that the Veteran's current diagnoses of osteoarthritis and degenerative changes of the lumbar spine are related to his active service, including a one-time injury during service. As such, the criteria for presumptive service connection have been met.

The Board has remanded the case for additional development, including obtaining records from the Veteran's Reserve service and providing medical opinions on various claims.

The Board denied higher initial ratings for the Veteran's cervical strain and lumbar strain. The case is remanded to obtain a new VA examination, address functional loss during flare-ups and on repeated use, and discuss MRI results from May 2006 and September 2008.

The Veteran's low back disability, including lumbar spondylosis and arthritis, is found to be service-connected as the evidence shows a current condition with an in-service injury and continuous symptoms since separation from service.

The Veteran's claim for an increased rating in excess of 10 percent for service-connected degenerative joint disease (DJD) of the lumbar spine was denied because he failed to report for a scheduled VA examination without good cause.

The Veteran's service-connected degenerative disc and joint disease of the thoracolumbar spine, right foot heel spurs, left foot heel spurs, and OSA are all granted. The claim for PTSD is denied as not incurred in or aggravated by service.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral lower extremity neuropathy, have been found to preclude him from securing or following a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability.

The Board has remanded the case for additional development due to new evidence added to the record, and the Veteran's representative is requested to submit a VA Form 646 or equivalent written argument on the issue of entitlement to service connection for a low back disability.

The Board has granted service connection for Degenerative Disc Disease (DDD) of the Lumbar Spine, finding that the Veteran's current condition is at least as likely as not related to her period of active duty.

The Board granted the Veteran's appeal for a disability rating of 40 percent for his lumbar spine disability, effective from April 29, 2013. The other issues were not addressed as the Veteran withdrew his appeal regarding the major depressive disorder claim.

The Board finds that the Veteran's low back disability, including arthritis, is related to his service and grants the claim for service connection.

The Veteran's folliculitis, low back disability, chronic right ankle sprain disability, and left hand/thumb disability are all found to be service-connected. The Veteran's right thumb disability is not service-connected. A rating in excess of 10 percent for the scar from head surgery is granted.

The Board has determined that the Veteran's claims for service connection are not properly adjudicated and requires additional development, including a review of his history as a paratrooper.

The Veteran's appeal is being remanded for further examination and development due to inadequate previous VA examinations, as well as the need to determine if any of his claimed conditions are related to service in Southwest Asia.

The Board has remanded the case for additional development to verify periods of active duty, inactive duty training, and obtain VA examinations addressing the Veteran's left shoulder condition, low back condition, knee conditions, and bilateral foot condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA spine examination.