Back / lumbar spine decisions — 2018

The Board found that the Veteran's current low back disability is not causally related to his active service or any incident therein.

The Board has determined that the Veteran's lumbar spine arthritis with left leg numbness and left knee arthritis are at least as likely as not related to service, thus granting service connection for these conditions.

The Board has determined that the Veteran's sleep apnea and back disorder (scoliosis) are not service-connected, with no clear and unmistakable evidence to rebut the presumption of soundness at entry. The right knee disorder claim is pending as its rating status is unknown.

The Veteran's appeal was denied as the claims for increased ratings were not granted. The conditions, including hearing loss and sleep apnea, did not meet the criteria for higher disability ratings.

The Board found that the Veteran's neck disorder was not incurred in or aggravated by active service and is not proximately due to or aggravated by a service-connected disability. The issue of entitlement to a rating in excess of 10 percent for low back syndrome with degenerative changes and bilateral lower extremity numbness is addressed in the REMAND portion of the decision.

The Board granted an increased rating of 20 percent for bilateral hearing loss and confirmed the effective date of June 10, 2010 for service connection of a back disability.

The Board found that the Veteran's thoracolumbar spine disability had improved, with forward flexion limited to at most 70 degrees and a combined range of motion greater than 120 degrees. The reduction from 20% to 10% was therefore proper.

The Board has remanded the case for additional development due to a need for an opinion on whether the Veteran's hypertension was caused or aggravated by his service-connected disabilities, including PTSD.

The Board has determined that the Veteran did not develop any of the claimed disabilities during service or as a result of his service-connected left knee disability. The claims for right leg, bilateral foot, low back, and right hip disabilities have been denied.

The Board has granted service connection for a back disorder and a headache disability, finding that the Veteran's symptoms are related to his military service.

The Veteran's thoracolumbar spine degenerative arthritis was granted a higher initial rating of 40 percent, effective June 13, 2017. The left foot disability was also granted an initial rating of 20 percent.

The Board has determined that the Veteran's service-connected disabilities, including his back disability and PTSD, precluded him from securing or following a substantially gainful occupation. Therefore, he is entitled to a TDIU.

The Veteran's right knee disability is not service connected as there is no current diagnosis and the VA examiner found it less likely than not related to service.,The Veteran's left knee disability is not service connected due to lack of a nexus between his current condition and service. The VA examiner opined that the current condition was less likely than not incurred during service.

The Veteran's back disability is service connected and his right ankle disability, which was productive of marked ankle disability, warrants a 30 percent rating since February 28, 2007.

The Veteran's claim to reopen his service connection for a lumbar spine disability, including lumbar disc disease and herniated nucleus pulposus as secondary to residuals of shell fragment wound, left flank, was denied due to lack of new and material evidence.,The Veteran's application for TDIU prior to January 13, 2016 was also denied.

The Board has granted service connection for various conditions, but denied the Veteran's claims for increased ratings and earlier effective dates. The case is being remanded to issue a Statement of the Case on these issues.

The Veteran's claims for increased ratings were denied as he failed to report for scheduled VA examinations without showing good cause.,All of the Veteran's increased rating claims are denied due to his failure to report for the necessary examinations.

The Board found that the Veteran's low back and headache disabilities are not related to service, as there is no evidence of a current disability in service or within one year following discharge. The most probative evidence indicates these conditions are more likely due to aging, genetic factors, and wear and tear from strenuous physical activities.

The Board has remanded the case for a new VA examination to address the nature and etiology of any diagnosed low back disability, including as secondary to his service-connected removal of the coccyx.

The Board has granted service connection for low back strain, cervical spine strain, and right hip strain. The Veteran's current tension headaches are being remanded for further examination.