Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's left shoulder and low back disabilities are not related to service, as there is no evidence of a chronic condition during service or for many years after separation. The medical opinions provided have been both positive and negative regarding the etiology of these conditions.

The Board has determined that the Veteran's lumbar spine, right hip, bilateral shoulder, and headache disabilities are caused or aggravated by his service-connected cervical myofascial syndrome.

The Veteran's left ear hearing loss is found to be caused by in-service noise exposure and service connection for this condition is granted. The issue of an initial compensable rating for right ear hearing loss remains on appeal, as does the claim for a low back disorder.

The Veteran did not have an outstanding claim of service connection for a back condition at the time of his death, and thus there is no basic eligibility for accrued benefits.

The Board denied the Veteran's claims for increased ratings for his thoracolumbar spine disability, finding that the evidence did not support a higher rating prior to August 6, 2015, from December 2, 2015 to June 2, 2016, or after June 2, 2016.

The Veteran's claim for an increased rating for a lumbosacral strain is being remanded due to the need for additional medical examination and development of records.

The Veteran's service-connected disabilities do not cause unemployability, and the Board finds that TDIU is not warranted.

The Veteran's appeal is remanded for further development, including VA examinations to determine the current severity of his low back and foot disorders, as well as a PTSD examination. The case will be returned to the Board after this additional development.

The Veteran's appeal is being remanded for additional examinations and development to address the nature, etiology, and severity of his service-connected conditions as well as any new or increased disabilities. The claims will be reconsidered after these actions.

The Veteran's chronic stomach problem (GERD) is service-connected. The Board has granted the reopening of his claim for this condition, but denied claims for residuals of an upper back injury and shortened left leg due to lack of evidence showing a current disability or aggravation by service. Service connection was not established for hypertension.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions, as well as record development.

The Board has dismissed the appeal for entitlement to service connection for an upper back disorder. Service connection is granted for a cervical spine disability and asthma, both found to be related to active duty for training. The claim of new and material evidence to reopen the sleep apnea claim is allowed.

The Veteran's appeals have been withdrawn due to his request for withdrawal of all issues on appeal.

The Veteran's appeal is being remanded to the RO for additional development of her claims, including obtaining medical records from after service and scheduling a VA examination.

The Veteran's claim for an increased rating for his lumbar spine disability is denied. The effective date of service connection remains at August 15, 2007.

The Veteran's lumbar strain was granted a 40% disability evaluation from August 15, 2015 to January 28, 2016. The RO found that the condition met the criteria for a 40% rating during this period.

The Veteran's service connection claims for gout, allergic rhinitis and/or sinusitis, skin lesions of the bilateral lower extremities, migraine headaches, heart arrhythmia, and hypertension were denied as there is no evidence of a current disability or a link to service. The Veteran's low back condition was also denied due to lack of clinical diagnosis.

The case is being remanded to the AOJ due to conflicting findings regarding IVDS episodes and a need for updated VA or private treatment records.

The Board has granted service connection for depression on a secondary basis, carpal tunnel syndrome, and lower extremity neuropathy. The Veteran's back condition is rated at 20 percent. TDIU remains pending.