Back / lumbar spine Board decisions

The Board has granted service connection for a low back disorder and denied nonservice-connected pension benefits. The claim of entitlement to TDIU is remanded due to the need for additional development.

The Board has determined that service connection is not warranted for an eye disability or a low back disability.

The Board found no in-service injury, disease, or event that could be linked to the current lumbar spine disability. The Veteran's service treatment records did not show any complaints, findings, diagnosis, or treatment for back pain or problems. There is also no evidence of chronic symptoms of arthritis during service. The VA examiner concluded that the current lumbar spine disability is not related to military service.

The Veteran's appeal involves multiple issues including service connection for various disabilities, rating determinations, and a TDIU claim. The case is being remanded to obtain additional records from SSA, provide the Veteran with proper notice regarding his TDIU claim, schedule him for a VA examination of his lumbar spine disability, and undertake further development as necessary.

The Board found that new and material evidence had been received to reopen the claim of service connection for a low back disability, but denied the claim as there was no evidence showing it is related to service or service-connected cervical spine disability. The Veteran's need for aid and attendance due to his service-connected disabilities was also denied.

The Board has reopened the Veteran's claim for service connection for low back pain and finds that a low back disability was incurred during active duty service. The preponderance of evidence supports this finding.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board found that the Veteran does not have sleep apnea and denied his claim for service connection. The low back disability was also denied as it is less likely than not incurred in or caused by active service.

The Board has granted the Veteran's claim to reopen his previously denied claims for service connection for a low back disability and bilateral hearing loss disability. The Veteran now has service connection for these conditions.

The Board has granted service connection for Parkinson's disease and essential tremors as diseases associated with exposure to contaminated water at Camp Lejeune, North Carolina. Service connection was denied for low back disorder.

The Veteran withdrew his appeal concerning the claims for service connection for a back disability and a neck disability, to include arthritis.

The Board has denied the Veteran's request for an earlier effective date for his service connection grant of a back disability, finding that the earliest possible effective date is March 30, 2015.

The appeal has been withdrawn by the appellant prior to a decision being made.

The Board has determined that the Veteran's back disability, claimed as residuals of a back injury, did not have its onset during service and is not related to his active military service. As such, the claim for service connection is denied.

The Veteran's tinnitus and bilateral hearing loss are presumed to be related to in-service noise exposure, while his residuals of abdominal aneurysm repair surgery caused additional disability not reasonably foreseeable.

The Board has determined that the Veteran's current degenerative disc disease and arthritis of the lumbar spine is related to his military service, resolving reasonable doubt in favor of the Veteran.

The Board has granted a 40 percent rating for the orthopedic manifestations of the Veteran's low back disability, effective March 4, 2016. The Board also found that the Veteran is entitled to a 10 percent rating for left lower extremity radiculopathy from January 12, 2014 through September 7, 2016, and an increased rating of 20 percent thereafter.

The Board has denied the Veteran's claims for service connection for a back disorder and a leg disorder. The claim for service connection for an acquired psychiatric disorder (including PTSD) is addressed in the REMAND portion of the decision.

The Veteran's psychiatric disability is rated at 70 percent, the maximum rating available under Diagnostic Code 9413. The other conditions have not been granted service connection.

The Veteran's lumbar spine strain is rated at 40 percent, and his left ankle degenerative joint disease and tendonitis are rated at 20 percent. The temporary total rating for the right knee disability from April 29, 2014 to June 30, 2014 remains in effect. The Veteran's TDIU claim is denied.