Back / lumbar spine decisions — 2018

The Board denied the Veteran's claim for service connection for low back disability, finding that there was no medical nexus between his in-service back pain and his current condition. The Board also remanded issues regarding entitlement to service connection for headaches (secondary to PTSD) and TDIU based on service-connected disabilities.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disorder. Additional development is required, including obtaining updated VA treatment records and providing a medical opinion.

The Veteran's claim for service connection for degenerative disc disease with low back pain was reopened, but the claim remains denied as there is no evidence of in-service incurrence or a nexus to service.

The Veteran's claim for an increased rating for arthritis of the lumbar spine is denied as there was no factually ascertainable increase in disability prior to February 25, 2009. The effective date for a 40 percent rating remains February 25, 2009.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and therefore, the claims are denied.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for degenerative disc disease of the lumbar spine, left hip condition, and right hip condition. The case will be returned to the Board after this development.

The Veteran's service-connected lumbar spine, bilateral knee, and bilateral hip disabilities have been found to meet the schedular criteria for a TDIU since November 12, 2009. The remaining issues of increased ratings are addressed in the remand section.

The Board has determined that the Veteran's lumbar strain condition required a temporary total rating beyond March 31, 2011 due to his need for convalescence following surgery. The extension of the temporary total rating is granted through December 31, 2011.

The Board has determined that further action is needed to determine the nature and origin of the Veteran's low back disability, including whether it is related to service or congenital in nature.

The Board has determined that the Veteran does not have separate service-connected conditions for depression, anxiety, insomnia, chronic fatigue syndrome, back disorder, neck disorder, sinusitis, allergic rhinitis, or headaches. The claims are denied as secondary to his service-connected PTSD.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and scheduling a VA spine examination. The issue of entitlement to TDIU is also before the Board.

The Board has determined that a new VA examination is necessary to assess the current severity of the Veteran's lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy disabilities.

The Veteran's claims for service connection for head injury, bilateral leg sciatica, disability manifested by motion sickness and dizziness, tinnitus, bilateral glaucoma, bilateral cataracts, left eye detached retina (secondary to left eye cataracts), left hand disability (secondary to neck disability), right hand disability (secondary to neck disability), bilateral shoulder disability (secondary to neck disability), joint disability, neck disability, acquired psychiatric disorder (posttraumatic stress disorder) (secondary to service-connected lumbar spine disability), and sleep apnea have been denied. The Veteran withdrew these claims during his Board hearing.

The Veteran's appeal for service connection for a left knee disorder was dismissed due to withdrawal. The claim of higher initial rating for the right knee disability is denied, and a separate 10% rating is granted effective December 6, 2013, for removal of semilunar cartilage in the right knee with symptoms.

The Veteran's lumbar spine disability is rated at 40 percent from April 10, 2008. The effective date for service connection remains June 9, 2006.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and identifying the approximate date, location and provider of physical therapy in 2007. An orthopedic examination will also be conducted to determine the current severity of his left knee.

The Veteran withdrew his appeal regarding the issues of service connection for flat feet and higher initial ratings for thoracolumbar degenerative arthritis with IVDS, allergic rhinitis, right lower extremity radiculopathy, bilateral hearing loss, and status post right thumb fracture.

The Veteran's claim for an earlier effective date for the award of service connection for a chronic back disability is denied. The Board found that the earliest possible effective date was August 3, 2010, as this represents the date of receipt of his application to reopen and the date entitlement arose.

The Veteran seeks to establish service connection for a low back disability, which he contends was aggravated by his third period of active duty. The case is being remanded due to the inadequacy of the VA examination.