Back / lumbar spine Board decisions

The case is REMANDED for the following actions: (1) Adjudicate the issues of entitlement to an effective date prior to March 19, 2003, for the grant of entitlement to service connection for tinnitus and entitlement to service connection for bilateral hearing loss; if the benefits sought cannot be granted, issue a statement of the case in accordance with applicable law and regulations. (2) Obtain VA treatment records from September 2014 to the present. (3) Schedule the Veteran for a VA examination to assess the nature and severity of his service connected residuals from a lumbar spine herniated disc with degenerative arthritis. The examiner should determine whether it is at least as likely as not that the Veteran has a neurologic disability impacting either of his lower extremities that is the result of his service connected back disability. (4) Then readjudicate the appeal.

The Veteran's right side ilioinguinal nerve neuropathy is found to be caused by the service-connected postoperative residuals of inguinal hernia, and thus granted as secondary. The issue of service connection for a back disorder is remanded.

The Board denied the Veteran's claims for service connection for sinusitis and an initial disability rating in excess of 20 percent prior to July 22, 2010 for degenerative changes of the lumbar spine at L2-L3. The Veteran does not have a current diagnosis of chronic sinusitis, but his low back disability has manifested with pain and limitation of motion throughout the period on appeal.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran did not meet the criteria for a schedular disability rating in excess of 20 percent for his low back disability from February 21, 2008 until May 14, 2013, or for a rating in excess of 40 percent since May 14, 2013. The issue of entitlement to an extraschedular rating was also denied.

The Board has remanded the case due to outstanding VA treatment records and the need for additional examinations related to the Veteran's claimed conditions. The claims will be readjudicated after these developments.

The Board finds that the Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine are etiologically related to his service, with current manifestations dating back to at least 1969. The evidence is in relative equipoise as to whether these conditions were aggravated by active duty.

The Veteran's appeals for higher initial ratings for left and right knee DJD, as well as lumbar spine DDD were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for these conditions.

The Board has granted service connection for a bilateral hip disorder, characterized as osteoarthritis, and denied service connection for a lumbar spine disorder. The Veteran's bilateral hip disorder is found to be secondary to his service-connected right and left knee disabilities.

The Board has decided to remand the Veteran's claim for a low back disability due to inadequate VA opinion and need for additional medical evidence. The case will be returned to the AOJ for further action.

The Board found that the Veteran's current lumbar spine disability is not related to his service, including a 1970 incident where he was struck by a large barrel. The disability did not manifest within one year of discharge and there is no evidence linking it to service.

The Board found that the Veteran's private medical treatment from July 17, 2012 to July 20, 2012 was not for a medical emergency and VA facilities were feasibly available. Therefore, reimbursement of unauthorized medical expenses is denied.

The Board finds that the Veteran's current low back disorder is not related to his in-service injury, and thus service connection cannot be established.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent, effective August 28, 2015. The rating takes into account the presence of incapacitating episodes and right lower extremity radiculopathy.

The Board has granted the Veteran's claims for an effective date of March 24, 2006 for service connection and a temporary total evaluation due to convalescence following his cervical spine surgery.

The Board found that the Veteran's current back disability is not related to his active military service or periods of ACDUTRA, and that any pre-existing condition did not increase in severity during these periods. Therefore, the claim for service connection was denied.

The Board found that the Veteran's back disability did not have onset during active service or within one year of service discharge and is not otherwise etiologically related to active service, including a September 1967 report of back pain.

The Veteran's increased rating claim for lumbosacral strain with degenerative disc disease and scoliosis is being remanded due to the need for further examination and review of VA treatment records.

The Veteran's tinnitus had its onset in service and has been recurrent since then, warranting service connection. The remaining claims for lumbar spine disorder, sciatic nerve disorder, left shoulder disorder, and TBI residuals are addressed in the REMAND portion of the decision.

The Veteran's appeal is being remanded to obtain updated VA treatment records, Social Security Administration (SSA) records, and reschedule the Veteran for an examination regarding his right knee disability. The claim will be adjudicated again after obtaining these records.

The Board finds that the Veteran's lumbar degenerative disc disease and right leg/hip disability are not related to his military service, and thus denies both claims.