Back / lumbar spine decisions — 2016

The Veteran's claim for service connection for major depressive disorder with anxiety disorder and cannabis dependence (in remission) associated with lumbosacral strain, with degenerative arthritis of the spine and intervertebral disc syndrome was denied as there is no objective evidence that a formal or informal claim seeking this benefit was received by VA prior to November 29, 2011.

The Veteran's cervical spine DDD and associated right upper extremity radiculopathy were granted increased ratings, with the cervical spine rating set at 20 percent effective March 26, 2015.

The Board has determined that VA examinations are needed to assess the etiology of the Veteran's hemorrhoids and low back disability. The case is being remanded for these purposes.

The Board has decided to remand the case for additional development, including scheduling a video conference hearing and determining whether the Veteran wants a new representative.

The Board has reopened the Veteran's claim and finds that his lumbar fibromyositis with arthritis of the spine is at least as likely as not caused by an injury sustained during service. As such, service connection for this condition is granted.

The Board has remanded the case for additional development, including obtaining an addendum to the May 2014 VA examination report and scheduling a new VA examination if necessary. The examiner is asked to provide opinions on whether the low back disorder is related to service, caused by or aggravated by the service-connected sprain injury of the left ankle with chronic lateral instability and degenerative changes, and caused by or aggravated by the service-connected traumatic arthritis of the left first metatarsophalangeal joint.

The Veteran's appeal for service connection and increased ratings was denied. The Board found no current right hip disability, thus denying the claim of service connection for a right hip disability. For lumbar strain and right ankle sprain, the evidence did not show that the disabilities were caused by or aggravated by any service-connected conditions.

The Veteran's low back condition has been rated based on the severity of his symptoms and range of motion, but does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board has determined that the Veteran's low back disability is related to his active service, and therefore grants service connection for this condition. The decision also acknowledges the Veteran's claim of entitlement to service connection for pancreatitis but does not address it further.

The Board found that the evidence did not support service connection for a low back disability, left shoulder disability, or depressive disorder due to service-connected disabilities.

The Veteran's claim for increased ratings for lumbar degenerative disc disease with spondylolisthesis was denied. The Board found that the evidence did not meet the criteria for a higher rating at any time during the appeal period.,For the period prior to December 2, 2010, the disability was rated as 20 percent disabling and for the period from December 2, 2010, it was rated as 40 percent disabling.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar disability and its impact on his ability to work. The TDIU claim will be adjudicated in conjunction with the initial rating claim.

The Board denied the Veteran's claims of entitlement to service connection for a low back disability and peripheral neuropathy, finding that there was no evidence linking these conditions to his military service.

The Veteran's claims for service connection were granted, and he was assigned a 30 percent rating for his vertigo as of November 27, 2006. The issues of increased initial ratings for TBI-related disabilities and entitlement to TDIU are also addressed.

The Veteran's back disability has been rated at 60 percent since August 27, 2008. The Board found that the Veteran's symptoms have not met criteria for a higher rating.

The Veteran's claims for an increased rating and extension of a temporary total rating were denied. The Board found that the criteria for extending the temporary total rating beyond December 31, 2010, have not been met, and that the criteria for a higher rating for his lumbar spine disability prior to January 23, 2015, and as of January 23, 2015, have not been met.

The Board has denied the Veteran's claims for service connection for urinary tract infections, thoracolumbar spine disability, cervical spine disability, and bilateral feet disability.

The Veteran's appeal for a higher rating for PTSD was granted, but the claim for service connection for erectile dysfunction and an increased rating for lumbar spine disability remains denied.

The Veteran's service-connected chronic low back strain and prostate cancer disabilities have rendered him unable to obtain or retain substantially gainful employment, resulting in a TDIU grant.

The Board finds that the Veteran's service-connected recurrent left inguinal hernia caused or aggravated his current left hip degenerative joint disease, lumbosacral spine disability, and neuropathy of the lumbosacral spine.