Back / lumbar spine decisions — 2016

The VA determined that the Veteran's current low back disorder is not related to his military service, specifically a period of Active Duty for Training (ACDUTRA) in 1965 when he allegedly injured his back while moving furniture. The Board found the Veteran's statements regarding this injury were inconsistent with other evidence and not credible.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to September 17, 2012. The Board granted a TDIU rating based on the combined disability rating of at least one disability rated as 40 percent or more.

The Veteran's lower back disability with erectile dysfunction is currently rated at 40 percent, effective April 7, 2016. The erectile dysfunction does not meet the criteria for a compensable rating.

The Board determined that new and material evidence had not been submitted to reopen the Veteran's previously denied claim of entitlement to service connection for a low back disorder.

The Board has determined that additional development is necessary in order to make a determination on the Veteran's claims for service connection for bilateral pes planus and a back disorder.

The Veteran's cervical spine DDD and bilateral plantar fasciitis with calcaneal spurs and right foot bursitis are rated at 10 percent, but no greater. The Veteran's right and left hallux valgus do not meet the criteria for a compensable rating.

The Veteran's acquired psychiatric disorder, including PTSD, anxiety, and depression, is found to be related to her service. The low back condition is not shown to be causally related to service or presumed due to exposure.

The Board has ordered additional development due to inadequate medical opinions and the need for further evidence regarding service connection for back and right shoulder disabilities.

The Board denied an increased disability rating for the Veteran's cervical spine disability.

The Board denied increased ratings for the Veteran's low back disability and left lower extremity radiculopathy.

The Board found that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no evidence of chronic symptoms or diagnoses for decades after separation from service. The claim was denied on a direct basis.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA psychiatric examination. The claims of service connection, higher initial ratings for the psychiatric disability, and TDIU are inextricably intertwined and must be readjudicated together.

The Veteran's back disability claim is being remanded for additional development. The peptic ulcer disability claim, which is secondary to the back disability, will be deferred until the back disability claim is resolved.

The Board denied the Veteran's claim for an earlier effective date for SMC based on Housebound criteria, but found that he was entitled to SMC at the housebound rate from February 25, 2004, to March 31, 2004, and March 21, 2007, to April 30, 2007.

The Board has determined that the Veteran's acquired psychiatric disorder, including other specified trauma/stressor-related disorder, is related to his military service and grants service connection for this condition. The low back disability claim remains pending as additional development is required.

The Board has determined that the Veteran does not meet the criteria for service connection for a low back disability, right forearm disability, or brain disability. The preponderance of evidence is against these claims.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbosacral spine disability and determine whether he has a cervical spine disability or left upper extremity radiculopathy. The issues include seeking an increase in evaluation for his lumbosacral spine disability and determining service connection for his cervical spine and left upper extremity radiculopathy.

The Veteran's death pension benefits were denied because the appellant's income exceeded the maximum annual pension rate for a surviving spouse with no dependents.

The Board has granted the Veteran's claims for increased ratings for his thoracolumbar and cervical spine disabilities, but denied his claim for TDIU. The Veteran's service-connected conditions have resulted in significant impairment of his ability to work.

The Veteran's lumbar spondylosis with spinal stenosis is rated at 20 percent, and his right and left lower extremity radiculopathy are each rated at 10 percent. The Board finds that these ratings adequately reflect the severity of his disability.