Back / lumbar spine decisions — 2018

The Veteran's lumbar strain with DJD was initially rated at 10% prior to June 22, 2010 and increased to 40% thereafter.,Service connection for DDD of the lumbar spine is denied as it is considered a continuation of the service-connected lumbar strain.

The Board has determined that the Veteran's low back disability, including his lumbar stenosis, is service-connected as it is more likely than not related to an in-service injury.

The Board denied the Veteran's claims for increased evaluation of her right foot disability and service connection for headaches, left foot disability, low back disability, and acquired psychiatric disorder. The evidence did not support a finding that she had lost use of her right foot or that her symptoms warranted an evaluation in excess of 30 percent.

The Board found that the Veteran's low back disability, including spondylolysis and degenerative disc disease (DDD), preexisted service and was not aggravated by service. As a result, the claim for service connection is denied.

The Board has determined that the Veteran's claims file was lost and is currently being reconstructed. The case is REMANDED to comply with the January 2010 Board Remand directives.

The Board denied service connection for back disability, fibromyalgia, schizophrenia, and PTSD as there was no medical evidence linking these conditions to the Veteran's military service.

The Board has determined that the Veteran's lumbar spondylosis and migraine headaches are related to his active military service, granting service connection for these conditions.

The Veteran's fibromyalgia is found to be service-connected due to its presumptive nature based on his Gulf War service. The other conditions are not currently service-connected.

The Veteran's back disability is currently rated at 40 percent and does not meet the criteria for a higher rating. The Board also found that he did not meet the requirements for TDIU prior to April 29, 2016.

The Board denied the Veteran's claims of service connection for a lumbar spine disorder, heart disorder, and hypertension due to lack of evidence showing these conditions were incurred or aggravated by his active military service.

The Board has denied the Veteran's claims for service connection for fibromyalgia and heart disability, as there is no evidence of these conditions during the pendency of his claim. The Board has also found that new examinations are necessary to assess the current severity of his lumbar spine and headache disabilities.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining updated VA treatment records and any private treatment records from his September 2015 surgery. The Veteran will also be asked to provide information about his employment history.

The Board has reopened and granted the Veteran's claims for service connection for an acquired psychiatric disorder, bilateral hearing loss disability, low back disability, neck disability, parotid gland neoplasm, radiculopathy of upper extremities, peripheral neuropathy of upper extremities, radiculopathy of lower extremities, and peripheral neuropathy of lower extremities.

The Board found that the Veteran's claimed conditions were not present during service or related to service, and thus denied his claims for service connection.

The Board has reopened the Veteran's claims of service connection for PTSD, a right shoulder condition, and left arm and hand conditions. However, the evidence received since the October 2007 denial does not provide sufficient material to support the Veteran's contentions that his current conditions were caused by service.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his PTSD and degenerative arthritis of the lumbar spine. The TDIU claim is also being remanded.

The Board denied the Veteran's petition to reopen his claim for service connection of a back disability and found that new and material evidence had not been submitted. The Veteran was also denied increased evaluations for his left knee disorder and right wrist disabilities, as well as TDIU.

The evidence is at least in equipoise as to whether the Veteran's currently diagnosed low back disorder had onset during active service, and the Board finds that service connection should be granted.

The Board has granted service connection for a low back disability, effective from June 29, 2007. The Veteran's initial claim was denied in November 1996 and reopened on October 20, 2008.

The Board has granted service connection for bilateral pes planus, bilateral knee disorder, bilateral hip disorder, and low back disorder secondary to the service-connected bilateral pes planus. The effective date of the grant of service connection is set at April 6, 1993. The TDIU claim will be remanded due to a need for additional information from the Veteran.