Back / lumbar spine Board decisions

The Veteran's claims for service connection for a low back disorder and skin cancer, as well as his claim for a compensable evaluation for bilateral hearing loss are being remanded due to the need for additional development of his medical records.

The Board has determined that the Veteran's arthritis of the lumbar spine, cervical spine, and right shoulder are related to her active military service.,Reasoning: The March 2015 VA examiner opined that the Veteran's arthritis of the lumbar spine, cervical spine, and right shoulder were at least as likely as not related to her military service.

The Veteran's service connection claims for cervical spine disability, lumbar disability other than service-connected lumbar strain, bilateral hip disability, residuals of dysentery including GERD and IBS, chronic skin infections, and chronic vaginal infections have been granted.

The Veteran's claims for service connection and increased rating are being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Veteran's back disability is rated at 40 percent disabling, and his right hip disability is rated at 30 percent disabling. The Board denied the Veteran's claims for higher ratings.

The Veteran's service-connected disabilities prevent him from achieving a vocational goal as an automotive supervisor, and the Board finds that achievement of such a goal is not reasonably feasible.

The Veteran's claim for service connection for a back disorder claimed as a Tarlov cyst is being reopened due to the submission of new and material evidence.,The Veteran has not yet been evaluated for her left ankle disorder. A VA examination will be scheduled to determine if she has a current diagnosis and whether it is related to service.,A VA psychiatric examination will be conducted to address the nature and etiology of the Veteran's acquired psychiatric disorders, including PTSD due to military sexual trauma (MST), depression, and anxiety.,The Veteran's claim for service connection for her seizure disorder will be evaluated with consideration given to whether it was aggravated by service. A VA examination will be scheduled to determine if this is the case.,A VA examination will be conducted to determine the nature of the Veteran's insomnia and its relationship to any diagnosed psychiatric disorders.

The Veteran's service-connected major depressive disorder is rated at 30 percent, and his lumbar spine disability remains at a 40 percent rating. The TDIU claim has been raised but not adjudicated.

The Veteran's cervical spine degenerative disc disease is not service connected as secondary to his service-connected lumbar spine degenerative disc disease. The effective date for the grant of service connection for depressive disorder has been set at August 9, 2011.

The Board has determined that the Veteran's neck disability is related to his active service, and granted service connection for this condition.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 10% prior to January 29, 2009, and at 20% thereafter. The cervical spine degenerative disc disease was not rated higher than 10% before January 13, 2011, and the TDIU claim for a period prior to June 5, 2012, was also denied.

The Veteran's costochondritis, lumbosacral strain, and right lower extremity radiculopathy have been rated based on their service-connected status. The initial compensable disability rating for costochondritis has not been met due to subjective accounts of pain without functional loss or other evidence of impairment. Increased ratings for the back issues are denied as there is no additional evidence showing more severe symptoms beyond what was already established at the time of the June 2012 decision granting a 10 percent disability rating for right ankle disability.

The Board has determined that the Veteran's right side lower extremity radiculopathy symptoms approximate no more than moderate incomplete paralysis of the sciatic nerve, and thus an initial rating in excess of 20 percent is not warranted. The issue of service connection for obstructive sleep apnea as secondary to PTSD with bipolar disorder was remanded due to inadequate rationale provided by the November 2015 VA opinion.

The Veteran's claim for an increased rating for her service-connected lumbar spine disability was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes that would warrant a higher rating.

The Board has determined that the Veteran's low back disorder is service-connected, but his hepatitis C was not incurred or aggravated during service.

The Board found that the Veteran's current low back condition is not related to his military service and denied his claim for service connection.

The Board found that the Veteran's current lumbosacral spine disability did not result from disease or injury incurred in or aggravated by active service, and thus denied his claim for service connection.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for service connection for a low back disability. The case is REMANDED to the Agency of Original Jurisdiction (AOJ) for further action.

The Board has determined that the current schedular evaluation of 40 percent adequately reflects the Veteran's disability level and symptomatology, and therefore, an extraschedular rating is not warranted.