Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities did not prevent him from obtaining or keeping employment prior to March 5, 2014. The Board found that the Veteran's substance abuse disorder was a contributing factor material to his disability determination and thus he has not been disabled within the meaning of the Social Security Act at any time from the alleged onset date through the date of this decision.

The Veteran's eye/vision disorder is not related to service, and his cervical spine disability and degenerative joint disease are not directly related to service.,Service connection for the Veteran's current diagnosed conditions has been denied.

The Board denied the claim as there is no evidence that any service-connected disability caused or contributed to the Veteran's death from metastatic transitional cell cancer.

The Veteran's lumbosacral strain with DJD and DDD was granted a 40 percent disability rating effective October 25, 2012.,From October 25, 2012 to November 14, 2016, the Veteran's disability rating for her lumbosacral strain with DJD and DDD was increased from 20 percent to 40 percent.,After November 14, 2016, the Veteran's disability rating remains at 40 percent.

The Veteran is granted an effective date of January 23, 2008 for the award of service connection for left lower extremity radiculopathy secondary to his service-connected lumbar spine disability. The claim for a higher rating for lumbar osteoarthritis and degenerative disc disease of the lumbar spine remains pending.

The Board finds that the Veteran's macular degeneration and lumbosacral strain with degenerative disc disease at L4-L5 are not service-connected. The ankle conditions have been rated appropriately, but the Veteran is found to be unemployable due to his disabilities.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the issues regarding lower extremity radiculopathies are also addressed with initial ratings of 10 percent each. The Veteran does not meet criteria for a higher rating under these conditions.

The Veteran's service-connected disabilities do not prevent her from securing or following substantially gainful employment. The Board finds the preponderance of the evidence is against a finding that the Veteran's service-connected disabilities have prevented her from securing or following gainful employment at any point during the appeal period, including prior to or after November 9, 2007.

The Board finds that the Veteran's current low back disabilities are etiologically related to his active service, and therefore grants service connection for degenerative disc disease of the lumbar spine and facet arthritis.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and scheduling a VA examination to address her back disability, migraines, and TMJ.

The Veteran withdrew his appeal for an increased rating of 40 percent or higher for a chronic lumbosacral strain.

The Board has determined that a VA medical examination is needed to determine the nature and etiology of the Veteran's claimed low back disorder, including diagnoses noted in treatment records. The case will be remanded for this purpose.

The Board has determined that there is no evidence to support a finding that the Veteran's cardiopulmonary arrest was caused or contributed substantially or materially to his death. The preponderance of the evidence is against the claim.

The Board has denied the Veteran's claim of service connection for a low back disability, finding that there is not enough evidence to support a link between his current condition and his active military service.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to address the etiology of his low back disability.

The Board has determined that the Veteran's low back and hip disorders are not related to his active service, and therefore denied both claims for service connection.

The Board has determined that the Veteran wishes to withdraw his appeals for increased ratings of somatic symptom disorder, nasal disfigurement, deviated septum, left leg sciatica, and right leg sciatica. The claims for increased ratings for a back disability and bilateral knee osteoarthritis are REMANDED for further development.

The Veteran has withdrawn his appeals for increased ratings and TDIU for the conditions listed, citing that he had been granted a 100 percent disability rating for his heart condition.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for bilateral hearing loss and low back condition.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a lumbar spine disability. The evidence is in equipoise as to whether the Veteran's lumbar spine disability, resulting from an injury during service, was incurred or aggravated by active service. Additionally, the evidence is in equipoise as to whether the Veteran's radiculopathy of the right lower extremity is proximately due to or the result of his service-connected lumbar spine disability.