Back / lumbar spine decisions — 2018

The Board has remanded the case due to unavailability of service treatment records and other necessary development is required before a final decision can be made on the Veteran's claims for right knee condition and back condition.

The Veteran's claim for a higher rating for his back disability is being remanded due to the need for additional medical examination and consideration of new evidence.

The Veteran's cervical spondylosis is not productive of forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees, a combined range of motion of the cervical spine not greater than 170 degrees, ankylosis, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months.,From March 23, 2011 to October 1, 2013, the Veteran's degenerative joint disease of the lumbar spine was not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, a combined range of motion of the thoracolumbar spine not greater than 120 degrees, ankylosis, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months. From October 2, 2013, the Veteran's degenerative joint disease of the lumbar spine has not been productive of forward flexion of the thoracolumbar spine at 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's appeal is being remanded for additional development, including verification of a period of service in the Republic of Korea and examinations to address his claims for sleep apnea, lumbar spine disability, and sinus/respiratory disability.

The Veteran's cervical spine disability was granted with a rating of 10 percent prior to February 29, 2016 and increased to 20 percent from February 29, 2016 to April 3, 2017. From April 3, 2017 onwards, the disability remains rated at 10 percent.

The Board has reopened the claim for left paravertebral muscle pull and granted service connection for a lumbar spine disability as secondary to service-connected knee disabilities. The Veteran's bilateral hearing loss disability and tinnitus are also found to be related to in-service noise exposure.

The Veteran's claims for service connection have been denied. The Board found no evidence of a current diagnosis or in-service event, injury, or disease that would support the claims.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's back disability, including whether it is related to his service. The case will be remanded for a VA examination.

The Veteran's claims for service connection and increased ratings have been granted. The effective date of service connection for major depressive disorder is set to May 18, 2015.

The Board denied reopening the claim for service connection of degenerative disc disease, status post laminectomy and lumbar strain (previously diagnosed as herniated intervertebral disc) due to lack of new and material evidence. The Veteran's bilateral inguinal hernia and scars were rated at their current levels.

The Board has granted service connection for Schmorl's node, finding that the Veteran's in-service injury likely caused his current condition. Service connection for Degenerative Disc Disease (DDD) was also granted based on a private medical opinion linking it to the Veteran's age and weight rather than service.

The Board has reopened the Veteran's claim for service connection for right hip and leg numbness and pain, now claimed as pain in right side of the body. The preponderance of evidence shows that his current diagnoses are related to service.

The Veteran's claim for an increased rating for his lower back disability is being remanded due to the need for additional VA and private treatment records, as well as a new VA examination.

The Board denied the Veteran's claims for service connection for a back disorder and bilateral hearing loss, finding that new and material evidence had not been received to reopen his previously denied claims. The Board also found that there was no link between the current disabilities and military service.

The Veteran's vocational goal of obtaining a Licensed Professional Counselor certification is not feasible due to his service-connected back disability and other non-service connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability. The issues on appeal include initial ratings higher than currently assigned for his service-connected lumbosacral strain with degenerative changes, as well as entitlement to a TDIU.

The Veteran's claim for an increased rating of PTSD was not addressed in this decision.,The Veteran's service-connected scar, right lower leg, residuals of an in-service shrapnel wound, is rated at 10 percent and the Veteran disagrees with this rating.

The Board denied service connection for the Veteran's claimed acquired psychiatric disorder, thoracolumbar spine disorder, cervical spine disorder, bilateral shoulder disorder, and bilateral knee disorder. The diagnoses were not related to service.

The Veteran's current degenerative disc and joint disease of the lumbar spine is found to be causally related to his period of active service, and thus he has been granted service connection for this condition.

The Veteran's appeal for service connection of a back condition has been dismissed due to the death of the Veteran.