Back / lumbar spine decisions — 2018

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for degenerative disc disease, including herniated disc and severe arthritis. The case is REMANDED for an addendum opinion from a VA examiner.

The Board denied the reopening of the claim for service connection for a low back disability, finding that new and material evidence was not received.

The Board has remanded the Veteran's claims for hepatitis C, frostbite of the hands and feet, lumbar spine disability, and cervical spine disability due to incomplete medical opinions and need for additional development.

The Board has reopened the claim of service connection for a low back disability and granted it. The Veteran's tinnitus is presumed to be due to noise exposure during active service.,Service connection for right shoulder degenerative joint disease was also granted.

The Veteran's lumbar spine disability is rated at 20 percent for DJD, and the Board finds that this rating is appropriate based on the objective evidence of record.

The Board has granted service connection for a low back condition and assigned a temporary total evaluation based on surgical procedure requiring convalescence.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of appropriate notice regarding his TDIU claim.

The Veteran's claim for service connection for TBI is denied as there is no current diagnosis of a traumatic brain injury. The Board finds that the Veteran's symptoms are more likely related to his service-connected PTSD.

The Veteran's claim for service connection of a lumbar spine disability is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board denied service connection for an upper back disability and cervical spine disability, finding that new evidence did not establish a nexus to service. The Veteran's current disabilities are presumed to have been incurred post-service.

The Board has determined that the Veteran does not have a current diagnosis for a low back disability and therefore, service connection cannot be granted. The claim of entitlement to service connection for an acquired psychiatric disorder other than PTSD is also denied as there is no evidence of such a condition in the record.

The Veteran's hepatitis B and Dupuytren's contracture in both hands have been granted service connection. The Board has found that the Veteran had these conditions prior to his entry into service, but they were not noted at any time during service.,Regarding the right wrist disability, the Veteran was granted a 10 percent rating for osteoarthritis of the right wrist from March 1, 2014 onward. The Board found that this condition is related to his service-connected bilateral foot disability.

The Veteran's lumbar spine and lower extremity radiculopathy disabilities were found to warrant increased ratings of 20 percent prior to January 3, 2014.

The Veteran withdrew his appeal of the denial of service connection for tinnitus and a back disability in a March 2015 statement.

The Veteran's claims for service connection have been denied. The Board finds that the evidence is against a finding of current disabilities related to his military service.

The Veteran's lumbar spine disability was evaluated as 10% prior to August 15, 2016 and as 20% thereafter. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the Veteran's lumbar spine disability, bilateral foot condition, chronic fatigue syndrome, memory loss, and acquired psychiatric disorder are not related to service. The VA examiner found no evidence of a current disability in-service or within one year post-service.

The Board found that the Veteran's right foot disability existed prior to service and was not aggravated by service, thus denying service connection for his claimed disabilities.

The Veteran's low back strain with degenerative joint disease is currently rated at 20 percent, and the right and left lower extremity radiculopathy associated with it are both rated at 40 percent. The Board found that these ratings were appropriate based on the evidence of record.

The Veteran's service-connected bilateral lower extremity peripheral neuropathy has been granted a separate 20 percent rating for each leg, with symptoms of moderate constant pain; severe intermittent pain; moderate paresthesias and/or dysesthesias; and moderate numbness. The disability picture most nearly approximates moderate incomplete paralysis of the sciatic nerve.