Back / lumbar spine decisions — 2018

The Board found that the Veteran's current low back disability, including DJD and DDD of the lumbosacral spine, is not related to her service or any incident therein. The Board concluded that there was no chronicity of a low back condition in service and that the mild thoracic scoliosis noted during service did not cause or aggravate the Veteran's current disabilities.

The Veteran's service-connected disabilities have resulted in a TDIU, making reentrance into the vocational rehabilitation program moot.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, a back disability, and a bilateral knee disorder. The Board found that there was no evidence of chronic disabilities during active duty or within one year post-service, and concluded that any current conditions are not related to service.

The Board has reopened the claim of service connection for chronic diarrhea, erectile dysfunction, bilateral hearing loss, and a back disorder. The evidence now shows that these conditions are related to service or can be attributed to in-service events.

The Board has granted service connection for alcoholism, hypertension, and degenerative disc disease with sciatica. The Veteran's peptic ulcer disease is rated at 50% since February 26, 2008.

The Veteran's low back disorder was found to have been manifested by flexion limited to no worse than 60 degrees prior to August 4, 2017. From that date forward, the disorder has resulted in an inability to perform range of motion testing and muscle spasms and guarding of the lumbosacral spine.

The Board has determined that the Veteran's back disability is related to his active service, but does not have an acquired psychiatric disorder. The claim for a psychiatric disorder remains denied.

The Veteran's service-connected lumbosacral spine disability is rated at 40 percent, and the Board finds that an increased rating beyond this level is not warranted.,The Veteran does not meet the criteria for a TDIU as his service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran's service connection claim for migraine headaches is granted. The Board finds that the Veteran had a history of headaches during service, which later developed into migraines and have continued since then.

The Board denied service connection for low back disability, cervical spine disability, bilateral hearing loss, and bilateral tinnitus.,There is no evidence of a current disability in any of these conditions.

The Board has determined that the Veteran's cervical spine, thoracolumbar spine, and bilateral knee disabilities are not related to service. The evidence does not establish an in-service injury or event resulting in these conditions.

The Board denied the Veteran's claims for service connection for a dental condition, an initial increased rating for lumbar discogenic disease, and an increased rating for left lower extremity radiculopathy. The claim for TDIU was not addressed in this decision.

The Board has granted service connection for left shoulder disorder, right shoulder disorder, lumbar spine disorder, right knee disorder, rib/breast bone disorder, and chronic headaches secondary to PTSD.

The Board has remanded the claims for lumbar degenerative arthritis and an acquired psychiatric disorder, including PTSD, depressive disorder, anxiety disorder, and a mood disorder. The Veteran's back pain is believed to have occurred due to a personal assault during service, which may have aggravated his existing condition. The VA needs to obtain relevant medical records from San Diego NMC for both claims.

The Board has remanded the case due to insufficient evidence regarding the Veteran's periods of Active Duty for Training (ACDUTRA) and Inactive Duty for Training (INACDUTRA). The claim will be reconsidered after verifying these periods and determining if the July 26, 1967 car accident occurred during a period of ACDUTRA or INACDUTRA. If so, an addendum opinion is needed to determine if the Veteran's current lumbar spine disorder is related to this incident.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining his service personnel records, VA treatment records, and SSA records. The Veteran will also be scheduled for a VA psychiatric examination to address any acquired psychiatric disorder.

The Board has decided that the Veteran's claim of service connection for a lumbar spine condition is remanded due to unclear evidence of current diagnosis and need for further examination.

The Board denied the Veteran's claim for service connection for sleep apnea and low back disability, finding that there was no current diagnosis of either condition related to active service.

The Veteran's service-connected lumbar spine, right lower extremity radiculopathy, cervical spondylosis, hiatal hernia with gastroesophageal reflux disease (GERD), and laparoscopic scar associated with hiatal hernia with GERD render him in need of regular aid and attendance due to his disabilities.

The Board has reopened the claims for bilateral hearing loss, cervical spine disability, erectile dysfunction, skin condition as due to undiagnosed illness, obstructive sleep apnea, left foot hallux valgus, right foot hallux valgus, low back condition, hypertension, and right shoulder condition.,However, some of these issues have been remanded for further development.