Back / lumbar spine decisions — 2017

The Veteran's adjustment disorder is rated at 70 percent, effective from the date of claim. The Veteran's erectile dysfunction does not meet the criteria for a compensable rating.,The Veteran has been granted special monthly compensation (SMC) based on loss of use of his creative organ due to erectile dysfunction.

The Veteran's back disability was rated at 20 percent prior to May 17, 2016 and after April 1, 2017. Effective May 17, 2016, the Veteran is entitled to a 40 percent rating for his service-connected lumbosacral strain. The Veteran's gastritis condition was rated at 20 percent prior to May 17, 2016 and after April 1, 2017.

The Veteran's gastrointestinal disability manifested by diarrhea is granted service connection. Service connection for peripheral neuropathy of the upper extremities and back/neck disabilities due to presumed exposure to herbicides is denied.

The Veteran's appeal is being remanded due to the need for additional VA examination and treatment records. The issue of service connection for a back condition will be reconsidered.

The Board has decided to remand the Veteran's claims for further development due to inadequate findings from a previous VA examination and the need to obtain additional records.

The Board has dismissed the appeal due to the death of the Appellant, and no jurisdiction remains to adjudicate the merits of this case.

The Board has granted service connection for sciatic radiculopathy of the right lower extremity as secondary to a service-connected lumbar spine disability, effective July 21, 2008. The Veteran's claim was part of his appeal for an increased rating for his lumbar spine disability.

The Veteran's low back disability has been rated at 40 percent since March 1, 2012. His sciatic radiculopathy of the left lower extremity is currently rated at 10 percent.

The Board has remanded the issue of TDIU due to a hearing being scheduled at the RO.

The Board has remanded the case for a videoconference hearing and further development. The Veteran's claim of service connection for a low back disability is being returned to the RO.

The Board has determined that the Veteran's current diagnoses of lumbar degenerative disc disease, osteoarthritis, and cervical degenerative disc disease are related to his active duty service. The Board finds that these conditions were incurred in service.

The Board has granted a higher rating of 40 percent for the Veteran's service-connected chronic myofascial lumbar strain, effective September 26, 2017. The separate rating for left lower extremity radiculopathy remains at 10 percent.

The Board has remanded the case for further action, including issuance of a statement of the case on the issue of an increased rating for lumbar spondylosis with degenerative changes at L4-L5 and L5-S1 levels. The TDIU issue remains pending.

The Board denied the Veteran's claims for increased ratings for her IBS, arthritis of the low back, left knee disability, and right knee disability. The appeals are addressed in the REMAND portion.

The Veteran's lumbar spine degenerative disc disease and cervical spine spondylosis are currently rated at 20 percent each, but the evidence does not support a higher rating.,Separate evaluations for associated neurological impairment have also been considered.

The Board has granted service connection for an acquired psychiatric disorder, including anxiety disorder. The Veteran's account of in-service stressors and symptomatology is credible and highly probative. Service connection is granted based on the presumption of soundness.

The Veteran's claims for fibromyalgia, IBS, left knee disability, right leg disability, low back disability, and sleep apnea have been denied as they are not service-connected.

The Board has remanded the claims for additional development due to a lack of consideration of weight gain during in-service convalescence and incomplete medical records. The Veteran's low back, right knee, and left knee disabilities are being evaluated again with an appropriate VA examination.

The Veteran's low back disability is rated at 10 percent, effective prior to April 7, 2017. The claim for TDIU was granted prior to July 17, 2017. Bilateral hearing loss and radiculopathy of the lower extremities are also service-connected.

The Board found that the Veteran's current low back disability is not related to his active service, and thus denied his claim for service connection.