Back / lumbar spine decisions — 2017

The Veteran's low back disability was not shown to be related to his service or a service-connected condition. The Board found no direct connection between the current low back disability and active duty.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to address the nature and etiology of any current lumbar spine disabilities.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of her service-connected back and foot disabilities. The AOJ will then re-adjudicate the claims.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine strain and right wrist conditions, as well as a claim for TDIU. The AOJ is instructed to arrange for VA examinations to obtain information about the severity of these disabilities and to ensure that all pertinent records are obtained.

The Board has determined that service connection for degenerative disc disease of the lumbar spine is granted, with consideration given to the Veteran's lay statements and testimony regarding in-service injuries.

The Board has determined that the Veteran's thoracolumbar spine disability does not warrant a rating in excess of 40 percent from April 29, 2016 and thereafter.

The Veteran's lumbar spine disability, which includes degenerative disc disease and a fusion at L5-S1, is rated at the highest possible level of 60 percent prior to May 31, 2016 due to incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Veteran's claim for increased evaluations for his low back strain with degenerative disc disease, urinary incontinence, and lower extremity radiculopathy is being remanded due to the need for additional development.

The Board has determined that the Veteran's lumbar spine and cervical spine disorders are not related to his active service, a period of active duty or inactive duty for training.,Both conditions were diagnosed after the Veteran's last period of active duty service.

The Board denied service connection for bilateral hearing loss and an initial rating in excess of 10 percent for lumbar spine disability prior to November 28, 2011. The Veteran's claim for increased rating was remanded but remains pending.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred or aggravated by service, including active duty, inactive duty training (ADT), and initial post-service treatment. The VA medical opinion concluded that the current lumbar spine disorder is not related to service or a service-connected condition.

The Veteran's service-connected degenerative disc disease of the lumbar spine has been rated as 10 percent prior to October 7, 2015 and 40 percent since then. The Board found that a higher rating is not warranted for any period.

The Board has dismissed the appeal due to the Veteran's death, and no longer has jurisdiction over this case.

The Veteran's claims for a higher rating for his back disability and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and determining if he is unemployable due to service-connected disabilities.

The Veteran's service-connected HPV status post colposcopy and LEEP has not required continuous treatment, resulting in a noncompensable disability rating.,For the entire period on appeal, the Veteran's lumbar spine IVDS and DDD have not been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees.

The Veteran's low back disorder is rated at 40 percent, effective September 13, 2014. The right lower extremity radiculopathy remains at a 20 percent rating. The TDIU claim is granted.

The Veteran's eczema was rated at 10 percent prior to December 6, 2016, and his low back strain was rated at 10 percent from December 6, 2016. Both conditions were granted.

The claims for right knee and left knee disabilities, as well as the psychiatric disability claim have been denied due to lack of new and material evidence.,The back disability claim has been reopened but remains denied.

The Board found that the Veteran's claimed disabilities, including cervical spine, low back, knee, and foot conditions, are not service-connected due to lack of evidence showing a nexus between these conditions and his military service.

The Board has determined that the Veteran's low back disability did not develop during service and is unrelated to his military service. The VA examiner concluded that it was less likely than not related to any in-service injury or condition.