Back / lumbar spine decisions — 2016

The Board found that the Veteran does not have a back disability caused by his service and denied his claim.

The Board has determined that the Veteran's neck disorder, residuals of head injury (left arm weakness and headaches), lung disorder, kidney disorder, and lumbar spine disorder are all service-connected. The decision is granted for these conditions.

The Board found that the Veteran's death was not caused by or contributed to his service-connected disabilities, and thus denied both the cause of death claim and the DIC under 38 U.S.C. § 1318.

The Veteran's appeal is being remanded for further development, including obtaining a new VA examination and considering the issue of total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's low back disability is rated at 20 percent since January 12, 2015. The cervical spine disability was initially rated at 10 percent prior to October 22, 2014 and increased to 20 percent thereafter. Adjustment disorder with anxious and depressed mood does not warrant a higher rating. Service connection for left hip sciatica is denied.

The Veteran's lumbar spine disability was rated at 10 percent prior to August 8, 2012. The Board found that a higher rating is not warranted based on the evidence provided.

The Board has remanded the case for additional development due to incomplete rationale in a previous VA examination and the need to obtain additional medical records.

The Board found that the Veteran's DJD of both thoracolumbar and cervical spine did not originate in service, nor is it otherwise etiologically related to service. The claim was denied.

The Board found no evidence to support a connection between the Veteran's current low back disorder and his service, including a slip and fall incident in 1970. The claim was denied.

The Board denied the Veteran's claims for service connection for cervical and thoracolumbar spine disabilities, finding no evidence of a nexus to service or a service-connected disability.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation prior to March 5, 2012. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's combined disability rating is 90 percent, with service-connected disabilities that do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his occupational experience and educational background.

The case is being remanded to schedule the Veteran for a Travel Board hearing. The appeal will be processed further in accordance with established appellate practices.

The Veteran's appeal is being remanded to allow for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was granted, with a 20 percent rating effective March 7, 2012.,A separate 10 percent rating was assigned for right and left lower extremity radiculopathy from March 7, 2012.

The Veteran has withdrawn his appeals for the issues of entitlement to a disability rating in excess of 70 percent for PTSD with alcohol dependence and entitlement to a disability rating in excess of 40 percent for degenerative joint disease of the lumbosacral spine, L5-S1.

The Board found that the Veteran's lumbar strain does not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has remanded the case due to the need to obtain post-service treatment records and military retiree records.

The Veteran's PTSD is found to be related to a stressor in service, and the Board grants service connection for PTSD. The back disability and left index finger disability are not found to be directly related to service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection of a low back disorder. The case will be remanded for obtaining in-patient treatment records, SSA documents, and private disability employment records.