Back / lumbar spine decisions — 2016

The Board finds that the Veteran does not meet the criteria for service connection for a lung condition to include pleuritic lung disorder, asthma, and chest pain and trauma. The Veteran's thoracolumbar back disorder is also denied as there is no evidence of an in-service injury or disease that could be related to any of the claimed disabilities.

The Veteran's low back injury with lumbosacral degenerative disc and joint diseases is currently rated at 20 percent, effective April 17, 2001. The Board found that the evidence did not support a higher rating based on functional loss due to pain or other factors.

The Veteran's claim for an initial rating in excess of 10 percent for erosive gastropathy has been granted, with a current evaluation of 40 percent.

The Veteran's claim for a temporary total rating based on the need for convalescence following surgery due to her service-connected back disability is denied.

The Veteran's claim for service connection for chronic lumbosacral strain with mild degenerative arthritis L5/S1 is being remanded due to the need for a new VA examination and opinion regarding the etiology of his back disability.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and personnel records to verify his reported service in Vietnam. The Veteran will be provided with a Supplemental Statement of the Case if the benefits sought remain denied.

The Veteran's request for a Board hearing has been scheduled, but the notices were sent to an incorrect address. The case is being remanded to schedule the Veteran for a videoconference hearing at his latest address.

The Board has remanded the case for further development, including scheduling a video conference hearing. The Veteran's claims to reopen service connection for low back disorder and acquired psychiatric disorder (including PTSD) are pending.

The Board found that arthritis and degenerative disc disease were not incurred in or aggravated during service, and are not attributable to service. The Veteran's claims for these conditions have been denied.

The Board finds that the Veteran's current lumbar spine disability is not related to his active duty service and denies his claim for service connection.

The Veteran's initial claim for a higher evaluation for his service-connected degenerative arthritis of the lumbar spine was granted, and he is currently receiving a 10 percent rating.

The Board has determined that the Veteran does not have a current hearing loss disability or back disability, and thus cannot establish service connection for these conditions. The psychiatric disability claim is denied as there is no evidence of a current diagnosis. Service connection for hepatitis C was also denied.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional development, including an examination addressing the interplay between service-connected lumbar strain and degenerative disc disease.

The Veteran's claim for a higher initial rating for left ankle strain is dismissed as the Veteran withdrew his appeal related to this issue.,The effective date of the 60 percent disability rating for service-connected intervertebral disc syndrome (IVDS) of the lumbar spine is set at July 12, 2010.

The Board has remanded the case for additional development due to inadequate medical opinions regarding the etiology of the Veteran's lumbar and cervical spine disabilities. The claims are being returned to the AOJ for further action.

The Board has remanded the claims for a new hearing due to the Veteran's request. The issues of service connection for low back and cervical spine disabilities are now before the Board.

The Veteran's claims for service connection have been granted for a low back disability and a psychiatric disorder, both found to be related to his military service. The claim for service connection for a left shoulder disability was denied. The claim for an increased rating for the post-operative scar due to Morton's neuroma was also denied.

The Board has remanded the case for additional development, including obtaining private treatment records and an addendum opinion regarding the etiology of the Veteran's back disability.

The Veteran's appeal is being remanded for additional development to address the nature and etiology of his claimed residuals of a traumatic brain injury, lumbar spine disorder, and eye disorder.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.