Back / lumbar spine decisions — 2018

The Veteran withdrew her appeal before the Board could make a decision.

The Board has determined that new and material evidence has been received to reopen claims for service connection of depression, PTSD, and a back disability. However, the claims are REMANDED as additional development is required before they can be decided.

The Veteran's service-connected dizziness is rated at 30 percent prior to July 17, 2013. The Veteran's IBS is rated as noncompensable under DC 8873-7319. Service connection for PTSD with depression and chronic fatigue syndrome are granted.

The Board denied the Veteran's claims for service connection for low back disorder, right knee disorder, and bilateral hearing loss. The claim for tinnitus was granted with resolution of doubt in favor of the Veteran.

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of his claims.

The Board has decided to remand the Veteran's claims for a low back disability and migraines due to inconsistencies in imaging reports, need for an addendum opinion on service connection, and need for additional treatment records.

The Board has decided to remand the case for an addendum medical opinion on whether the service-connected right hip disability caused or aggravated the Veteran's lumbar spine disability.

The Board has determined that the Veteran does not have residuals of TBI or a low back disability related to service.,While the Veteran reported an in-service injury, there is no evidence of any current disabilities and the medical opinions are against a nexus between his current conditions and service.

The Board has determined that the Veteran's low back and knee disorders are not related to his service, as there is no evidence of chronicity during or within one year after service. The VA examiner concluded that the Veteran's arthritis was more likely due to natural aging and obesity.,While the Veteran presented a theory of secondary service connection based on his right ankle disorder, the VA examiner found that the Veteran's back and knee disorders are not caused or aggravated by his service-connected right ankle disorder.

The Board has reopened the claim for service connection for a back disability and remanded it for further development.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Board has remanded the case due to insufficient evidence and the need for a VA examination.

The Veteran's service-connected conditions have been evaluated based on their direct effects and not through any presumptive or secondary theories. The initial evaluations for the ankle disabilities, lumbar strain with intervertebral disc syndrome, left leg sciatica, patella femoral syndromes, and costochondritis are denied.

The Board has determined that further development is needed to determine the etiology of the appellant's back disability, including whether it is related to service or his service-connected left knee replacement.

The Veteran's combined total rating was correctly calculated as 80 percent prior to March 11, 2016.

The Veteran's appeal is being remanded due to the need for additional development, including a new examination for his lumbar strain and addressing the PTSD claim. The parasomnia issue remains on hold until VA can determine its relationship with other symptoms.

The Board denied service connection for DDD of the lumbar spine as there was no evidence linking the condition to active duty service, which is considered dishonorable.

The Board has determined that the Veteran's low back disability is related to his service-connected bilateral knee disabilities, and thus grants entitlement to service connection for this condition.,The Board also granted entitlement to service connection for right lower extremity sciatica as secondary to the now service-connected low back disability. However, the claim for Achilles pain (right leg) was denied.

The Veteran's back disability has not been shown to warrant a higher rating prior to October 19, 2012 and in excess of 40 percent thereafter. The Board found that the evidence did not support an increased rating based on functional loss due to flare-ups or other factors.

The Board denied the Veteran's claims for service connection for a back condition and compensation under 38 U.S.C. § 1151 for adenocarcinoma of the colon, finding that there was no evidence of an in-service injury or disease resulting in these conditions.,VA failed to diagnose what was likely a pre-existing disease (colon cancer), but the examining VA physicians exercised the degree of skill and care ordinarily required of the medical profession.