Back / lumbar spine decisions — 2018

The Board denied the Veteran's claim to reopen his service connection for a bilateral flat foot condition, finding that new and material evidence had not been received.,Service connection was also denied for a bilateral leg condition and a back condition. The Board found no current disability or causal relationship between these conditions and military service.

The Veteran's lumbar spine disability is granted as secondary to his service-connected bilateral knee disabilities.,An earlier effective date for the grant of service connection for a right knee disability is denied.

The Board found no new and material evidence to reopen the claims for right knee and low back pain disabilities, which were previously denied in March 1991. The Veteran's service-connected left knee disability is currently rated as 10%.,The Veteran's skin disability involving the face was not reopened due to lack of new and material evidence.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher, throughout the appeal period.,The Veteran's right lower extremity radiculopathy is rated at 40 percent, but no higher, throughout the appeal period.

The Veteran seeks an effective date prior to August 3, 2009 for service connection of hepatitis C. The Board finds that the earliest possible effective date is May 8, 2006.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has remanded the case due to incomplete records and need for further examination. The Veteran's claims of service connection for low back disability and left knee disability are pending.

The Board has determined that a new VA examination is needed to determine the etiology of any diagnosed low back disability, as well as whether it is related to active service. The Veteran's claim will be readjudicated after this additional development.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's claim of service connection for PTSD was denied as he does not have a diagnosis of PTSD. The Board found that the preponderance of evidence is against his claims of service connection for lumbar spine condition, bilateral knee condition, right shoulder condition, and migraines.

The Veteran's claim of service connection for a back disability is being remanded due to the need for an addendum VA examination and updated treatment records. The examiner will be asked to provide an opinion on whether his current back disability is related to his in-service injury during ACDUTRA in August 1996.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for lumbar spine and right hip disabilities. The case is therefore being remanded for further development.

The Veteran's claim for service connection for a low back disorder was previously denied, and new and material evidence has not been submitted. The claims for increased ratings and earlier effective dates were all denied.

The Board has determined that the Veteran's heart disorder is not service-connected, and his low back disability does not meet the criteria for direct service connection.

The Board dismissed the issue of whether the evaluation for the service-connected thoracolumbar spine disability was properly reduced from 40 percent to 20 percent effective from November 1, 2010. The Veteran's low back disability is already at its maximum schedular rating and no higher rating can be assigned.

The Veteran's claims for service connection for shrapnel wounds of the upper back and degenerative arthritis of the lumbar spine were reopened, with the former being granted and the latter denied.,Service connection was established for residuals of shrapnel wounds in the upper back. The Veteran's current diagnosis of degenerative arthritis of the lumbar spine is not considered to be service-connected.

The Veteran's service-connected back conditions (DDD, spondylolisthesis, and spondylosis) have rendered him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's back disability does not warrant a higher initial rating in excess of 10 percent, and thus denied his claim for an increased rating. The service-connected left wrist disability was also addressed but is no longer part of the appeal as it was granted service connection.

The Veteran was granted service connection for bilateral hearing loss and tinnitus, as these conditions are related to his in-service noise exposure.,Service connection was also granted for residuals of cold injuries to the lower extremities. The Board found that the Veteran's current back disability is not related to service.

The Veteran's claim for an increased rating for his service-connected cervical spine degenerative disc disease is being remanded due to the need for a new VA examination.