Back / lumbar spine decisions — 2019

The Veteran's lumbar strain with degenerative joint disease is at least as likely as not caused by his service-connected bilateral knee and ankle disorders. The cervical spine disorder is also found to be at least as likely as not caused by his service-connected bilateral knee and ankle disorders.

The Veteran's lumbar spine disability is granted service connection, and he is granted TDIU. However, his claim for a higher rating for restrictive lung defect remains denied.

The Board denied the Veteran's application to reopen his claim for service connection for a lumbar spine disability because no new and relevant evidence was submitted.

The Veteran's PTSD and right lower extremity radiculopathy have been granted service connection, but the effective dates for these conditions are denied. The Veteran's PTSD is rated at 30%.

The Board denied the Veteran's claims for service connection of his low back, right shoulder, and left shoulder conditions due to lack of evidence linking these conditions to his military service.,While reopening was granted for both right shoulder and left shoulder conditions, the Board found no evidence that these conditions were incurred or aggravated by service.

The Board has granted service connection for the Veteran's low back disability as secondary to his service-connected neck disability, resolving all reasonable doubt in favor of the Veteran.

The Veteran's spondylosis of the lumbar spine is rated at a 20 percent disability level, effective December 17, 2012. The rating was granted as part of an increased disability evaluation for his service-connected condition.

The Board has remanded the claims for increases in ratings for lumbosacral spondylosis, left lower extremity nerve disability, and right lower extremity nerve disability due to outstanding VA treatment records and examination reports. The Veteran's service-connected peripheral neuropathies are also being considered.

The Veteran's lumbar disc degeneration is currently rated at 40 percent, which approximates the criteria for limitation of motion to a degree where forward flexion is limited to 30 degrees or less.

The Board denied the Veteran's claims for earlier effective dates for service connection of bilateral hearing loss, tinnitus, lumbar spine strain, left lower extremity radiculopathy, and right lower extremity radiculopathy as there was no evidence that VA failed to notify him or made an error in his address.

The Board has remanded the case to determine if the Veteran's service-connected disabilities preclude him from participating in gainful employment prior to February 26, 2016 and to submit his claim for a TDIU per § 4.16(b) to the Director, Compensation Service, for extraschedular consideration.

The Board denied the Veteran's claim for an extension of his delimiting date for Montgomery GI Bill (MGIB) benefits beyond August 28, 2009 due to a lack of medical evidence showing that his service-connected disabilities actually prevented him from pursuing his desired educational program.

The Board denied service connection for lumbosacral degenerative disease, finding that the Veteran's current condition is not related to his in-service slip-and-fall injury and that there was no evidence of a continuity of symptoms since service.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's lumbar spine disability. The Veteran served in active duty from July 1982 to July 1985 and reported injuries during service that may have caused his current condition.

The Board has denied the Veteran's claims for service connection for low back and neck disabilities, finding that there is no evidence of a chronic disability during or within one year after service. The preponderance of the evidence does not support a link between current disabilities and service.

The Veteran's service is not considered active duty during any period of war, thus denying eligibility for VA nonservice-connected pension benefits.

The Veteran's service connection claim for diabetes mellitus, type II was denied. The Veteran's service connection claim for lumbar spine disc disease was granted.

The Board denied service connection for lumbar-spine disorder, bowel disorder, and residuals of broken tailbone as secondary to or aggravated by service-connected pelvic fractures.,Service connection was not granted for the Veteran's claimed conditions.

The Veteran's hepatitis C, peripheral neuropathy of the upper and lower extremities, migraine headaches, cervical spine disability, lumbar spine disability, and respiratory condition are all granted as service-connected due to presumed exposure to herbicide agents in Vietnam.

The Board has remanded the case due to the need for an addendum opinion regarding whether the Veteran's current back disorder is related to or aggravated by his service-connected bilateral knee osteoarthritis.