Back / lumbar spine decisions — 2016

The Veteran's claims for initial compensable ratings for bilateral pes planus with plantar fasciitis, degenerative arthritis/disc disease of the thoracolumbar spine, and degenerative arthritis/disc disease of the cervical spine are being remanded due to a failure to issue a supplemental statement of the case (SSOC) after February 2015 examinations.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his low back disability. The TDIU claim will be deferred pending completion of these actions.

The Veteran's service connection claims for degenerative disc disease and hypertension have been granted. The Board found that the Veteran has a current disability (degenerative disc disease) related to his in-service back pain, and also found that he had a current disability (hypertension) which is not secondary to any service-connected conditions.

The Veteran's service-connected degenerative disc disease of the lumbar spine and associated radiculopathy have been granted a 40 percent rating effective from April 29, 2015.

The Veteran withdrew her appeal for the denial of service connection for bilateral hip, wrist, elbow, and knee disabilities at a hearing before the Board.

The Board has determined that the Veteran's disabilities of the tailbone and thoracolumbar spine are etiologically related to injuries suffered in service. Service connection is granted for these conditions.

The Veteran seeks service connection for various disabilities, including a cervical spine disorder and its secondary effects. The Board has determined that additional development is needed to properly adjudicate these claims.

The Veteran's claims for increased evaluations for diabetes, low back disability, and lower extremity peripheral neuropathies were denied. The Board found that the evidence did not support higher ratings under the applicable criteria.

The Veteran's claim for service connection for a back disability was granted, with an effective date of October 24, 2012. The case is being REMANDED to the Agency of Original Jurisdiction (AOJ) for further action on his claim.

The Board found that the Veteran's diagnosed Degenerative Disc Disease (DDD) is not related to service, and therefore denied his claim for service connection.

The Veteran has withdrawn his appeals for service connection for a low back disorder, Type II diabetes mellitus, and peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity.

The Board has determined that the Veteran's sleep apnea and low back disorder are not related to his military service, but granted service connection for lumbosacral strain with degenerative arthritis of the spine.

The Veteran's low back disability, including associated radiculopathy of the right and left lower extremities, has been rated at 20 percent since July 18, 2011. The evidence prior to that date did not warrant a higher rating.

The Veteran's spondylolisthesis and degenerative disc disease of the lumbar spine have been rated at 40 percent, which is the maximum rating available under the General Rating Formula for IVDS. The Board finds that this rating adequately reflects the Veteran's disability.

The Veteran's claim for a TDIU was denied as his service-connected disabilities did not meet the criteria under 38 C.F.R. § 4.16(a). The case is now remanded to consider entitlement to a TDIU on an extraschedular basis.

The Veteran's cervical spine disability is not service-connected, but he is granted TDIU benefits.,Service connection for a cervical spine disability was denied as the evidence does not support that it manifested during or as a result of active military service.

The Board found that the Veteran's spondylolysis existed prior to service and was not aggravated by service, thus denying his claim for service connection for a low back disability.

The Board has determined that the Veteran's current cervical spine disability is not related to his service, and thus denied his claim for service connection.

The Board has determined that the Veteran currently has a chest/rib disorder and low back disorder as a result of his active service, with the current diagnoses being residual intercostal bursitis/fibrosis for the chest disorder and degenerative arthritis of the spine for the low back disorder. Service connection is granted.

The Board has granted service connection for chronic fatigue syndrome, finding that it first manifested during active service. The Veteran's other claims of service connection are addressed in the REMAND portion of this decision.