Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's low back disorder did not manifest within one year of service and is not shown to be causally related to an in-service event, injury or disease. The examiner opined it was less likely as not caused by his service-connected left fibula disability.

The Veteran's claims for an effective date prior to August 5, 2003 for the grant of service connection for a back disability and neck disability were denied.,Subsequent to the November 1971 rating decision and March 1978 Administrative Decision, there are no claims formal or informal to reopen service connection for a neck and back disability until August 5, 2003.

The Board has determined that the Veteran does not have current diagnoses for most of his claimed conditions and finds no evidence to support service connection for these disorders. The only condition found by the Board with a possible link to service is dementia, but this was many years after service.

The Veteran's initial claim for higher ratings for cervical spine disability and left cervical radiculopathy was denied. The Veteran is not entitled to an increased rating for his service-connected conditions during the period of appeal.

The Board has granted service connection for fibromyalgia, irritable bowel syndrome, acid reflux disease, sleep apnea, and obesity as secondary to PTSD. The Veteran's low back disorder is denied due to lack of a current diagnosis. Service connection for asthma and diabetes mellitus are remanded for additional development.

The Board has determined that the Veteran does not have a current left hip disability, and therefore, this claim is denied.,Service connection for low back, bilateral knee, right hip, and bilateral ankle disabilities are not supported by the evidence. The preponderance of the evidence shows these conditions were due to post-service injuries from working in manual labor as a truck driver, roofer, and construction worker.

The Veteran's lumbar spine disability has been rated at 40 percent since June 20, 2016. This rating is based on the presence of unfavorable ankylosis.

The Veteran's claims for lumbar spine disorder, right lower extremity disorder, acquired psychiatric disorder, respiratory disorder, and hypertension were denied in July 2005. The Veteran did not appeal these decisions or submit new and material evidence within a year of the decision.,No new and material evidence was received to reopen any of the previously denied claims.

The Board has determined that the Veteran's claimed conditions are not related to his active service, including as due to exposure to tactical herbicides.

The Veteran would have been in receipt of a total disability rating based on individual unemployability for at least 10 years immediately preceding his death but for clear and unmistakable error (CUE) in the June 2003 VA rating decision. As such, the criteria for DIC benefits under 38 U.S.C. § 1318 are satisfied.

The Veteran's claims for increased ratings and TDIU were denied. The headaches claim was not granted due to lack of characteristic prostrating attacks, while the lumbosacral strain claim had no evidence of incapacitating episodes warranting a higher rating.

The Veteran's service-connected low back and cervical spine disabilities have resulted in a TDIU due to their severity.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal was denied, with the issues of left and right ankle disability ratings being addressed. The claim for CUE in a prior rating decision regarding low back disability was also denied.

The Board found that the Veteran's osteoarthritis of the bilateral knees and low back did not manifest during service or within one year of separation, and is not shown to be causally related to an in-service event, injury or disease. The preponderance of evidence supports a finding that there was no in-service incurrence or aggravation of a disease or injury.

The Veteran's chronic lumbar strain, L5-S1, with history of discectomy, was granted a 40 percent rating effective from June 1, 2009 to February 3, 2011.

The Veteran's back disability has been rated at 10 percent for constant pain and limited range of motion, but does not meet the criteria for a higher rating based on functional loss or incapacitating episodes. The Board finds that his current disability picture does not warrant an evaluation in excess of 10 percent.

The Veteran's claims for service connection of various conditions, including diabetes mellitus, skin disorder, lumbar spine disorder, bilateral foot disorder, neuropathy of the lower extremities, and hypertension, were denied as they are not attributable to his time at Camp Lejeune.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from July 31, 2008 to September 16, 2012.

The Board has granted service connection for a neck disability, finding that the Veteran's current neck condition is etiologically related to his active service. The issue of service connection for a back disability remains pending and will be addressed in a future remand.