Back / lumbar spine Board decisions

The Veteran's claim for special monthly compensation (SMC) based on claimed loss of use of the voice is denied as he has not experienced complete organic aphonia with constant inability to communicate by speech during the appellate period.

The Veteran's degenerative disc disease of the lumbar spine and arteriosclerotic heart disease were not found to be related to his active duty service. The Board also determined that he is not unemployable due to his service-connected disabilities.

The Veteran's low back strain was initially rated at 10 percent and has been maintained since September 2009. From June 1, 2015, the rating for his low back strain has been increased to 20 percent.

The Board has granted service connection for degenerative disc disease of the lumbar spine and a right shoulder disorder, diagnosed as fraying of the labrum, instability, and history of multiple dislocations. The Veteran's current back and right shoulder conditions are found to be related to his active service.

The Board has determined that the Veteran's current eye disabilities are not related to his active service and therefore denied service connection for bilateral eye disability.

The Veteran's appeal is being remanded for additional development, including consideration of service connection claims and obtaining a VA examination to assess the relationship between his claimed disabilities and exposure to contaminated water at Camp Lejeune.

The Veteran's appeal is denied as his service connection claims for a back condition, lung condition (claimed as bronchiectasis), immune disorder, and anemia are not supported by the evidence of record.

The Veteran's conversion and bipolar disorders have been rated at the maximum schedular rating of 100 percent. The claim for service connection for a back disorder has been reopened, but new evidence does not establish that the current disability is related to service. The Veteran's upper and lower extremity neuropathy with numbness, weakness, and muscle pain are secondary to her bipolar disorders. Her hypothyroidism and irritable bowel syndrome have both been rated at noncompensable levels.

The Board denied the Veteran's claims for service connection for various conditions, including a right shoulder disability and back condition. The decision also addressed his claim for tinnitus, lung condition, and sleep apnea, but did not specify whether these were granted or denied.

The Board has granted service connection for a back disability and determined that new and material evidence has been received to reopen the claim of service connection for anxiety and insomnia. The Veteran's current diagnoses include degenerative disc disease, which is found to have begun during service, and anxiety and insomnia.

The Board has determined that the Veteran's claims for service connection are not clear and unmistakable, and thus must be remanded to obtain additional medical opinions regarding his claimed conditions.

The Board has found that further development of the medical record is needed to properly consider the Veteran's claim for service connection for a low back disability. The case is REMANDED for another examination and opinion addressing both theories of entitlement.

The Board has determined that the Veteran's pre-existing low back disability did not worsen during his ACDUTRA service, and therefore, he is not entitled to service connection for a low back disability. The VA examiner concluded that the Veteran's venous outlet obstructionary disease and ED are not directly related to his low back disability.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues include service connection for a neck disability, increased ratings for lumbar spine and radiculopathy of the left lower extremity, and TDIU.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective September 13, 2007. The Board finds that the evidence does not support a higher rating for her service-connected back disability as it does not meet the criteria for an increased rating under any applicable diagnostic code.

The Board has determined that the Veteran's lumbar spine and eye disabilities are not related to his military service, while bilateral hearing loss is being remanded. The Veteran's current conditions do not meet the criteria for direct service connection.

The Veteran's claims for increased ratings for right knee chondromalacia, left knee chondromalacia, and lumbosacral strain were denied as the evidence did not show that any of these conditions warranted a rating in excess of their current assigned percentages.,VA examinations consistently showed that the Veteran’s range of motion was within normal limits for his service-connected right and left knees, with no instability or subluxation noted. His lumbosacral strain also met criteria for a 20 percent rating.

The Board has determined that the Veteran's current low back disability was incurred in active service.

The Board has determined that the Veteran's lumbosacral strain is at least as likely as not a natural progression of the lumbar strain noted in service, and thus granted service connection for this condition. The issue of gastroesophageal reflux disease remains pending.

The Veteran's lower back disability was rated at 40% effective August 15, 2011. The claim for TDIU due to service-connected disabilities is denied.