Back / lumbar spine decisions — 2018

The Board has determined that the Veteran did not have a current disability of the cervical or lumbosacral spine, and there is no evidence of chronicity within one year after service separation. The Veteran's fibromyalgia was also not incurred in service.

The Board finds that the Veteran does not have a low back disability due to any incident of his active duty service or that was caused or aggravated by his service-connected bilateral sacroiliitis. The preponderance of evidence reflects no current inflammation of the Veteran's sacroiliac joints.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.

The Veteran's service-connected disabilities do not result in permanent and total disability due to loss or use of both lower extremities, blindness in both eyes with only light perception plus the anatomical loss or use of one lower extremity, or other conditions that preclude locomotion without aids. Therefore, his claim for specially adaptive housing has been denied.

The Board has determined that the Veteran's current low back disability is not related to his military service or his service-connected right knee disability, and thus denied his claim for service connection.

The Board has remanded the case for further development due to the need to obtain Social Security Administration records and a VA examination of the Veteran's service-connected low back disability.

The Board has remanded the claims for a low back disability, bilateral hip disability, bilateral ankle disability, bilateral foot disability, and gout and arthritis of multiple joints to obtain additional VA examinations and opinions. The claims are inextricably intertwined with the referred petition to reopen the claim for service connection for a bilateral knee disability.

The Board found that the Veteran's current lumbosacral spine disability, to include degenerative disc disease, was not incurred in or aggravated by active service and denied his claim.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and private medical records. The AOJ will also obtain an addendum opinion from the July 2017 VA examiner regarding the existence, nature, and etiology of the Veteran's PTSD.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective December 17, 2015. The ratings for left and right lower extremity radiculopathy remain unchanged.

The Veteran's hypertension developed secondary to his service-connected PTSD and was granted service connection. The low back disability is not addressed in the decision.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for a left knee disorder and a back disorder. The case will be returned to the Louisville RO for further action.

The Veteran's claims for service connection were denied as his claimed conditions are not related to his military service or any presumptive exposure. The VA examinations and medical records do not provide sufficient evidence to establish a direct link between the current diagnoses and service.

The Veteran's claim for service connection for chronic low back disability has been reopened, but further development is needed to determine the etiology of his condition.

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, but the evidence does not support a higher rating due to lack of ankylosis or incapacitating episodes.,The Veteran's right and left lower extremity radiculopathy are both currently rated as 10 percent disabling.

The Veteran's appeal has been dismissed as he withdrew his appeal in March 2016.

The Veteran's claims for service connection and increased evaluations were denied. The effective date for the grant of service connection for IVDS with lumbar spine strain was set at August 16, 2010.

The Veteran's appeal is being remanded for further development, including a more current VA spine examination and the acquisition of private physical therapy records. The case will be returned to the Board for readjudication.

The Veteran's bipolar disorder with PTSD was productive of occupational and social impairment with reduced reliability and productivity from March 7, 2012 to March 4, 2013. The Veteran's lumbar strain with a history of herniated disc did not result in significant disability. The Veteran's cervical strain did not meet the criteria for an increased rating. The Veteran's left lower extremity radiculopathy was productive of mild incomplete paralysis throughout the appeal period. The Veteran's GERD has resulted in persistent symptoms but without severe impairment.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected adjustment disorder with anxiety and depression and thoracolumbar strain.