Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's thoracolumbar levoscoliosis is related to his active military service and granted service connection for this condition.

The Board has remanded the claims for increased ratings and TDIU due to incomplete development of records and need for a new VA examination.

The Veteran's service-connected low back disability has been rated at 40 percent since April 11, 2011. The Board finds that the current evidence does not support a higher rating for this condition.

The Board found no evidence to support a service connection for the Veteran's lower back disability, concluding that it is more likely due to her pre-existing condition aggravated by her military duties.

The Board found that the Veteran's low back disability did not develop during service and is not related to his military service. The right shoulder and left shoulder disabilities are also denied as there was no evidence of a chronic condition in service or within one year after separation from service.

The Veteran's service-connected disabilities are shown to prevent him from securing or following substantially gainful employment, and the Board has granted a TDIU on an extraschedular basis effective December 9, 2015.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is at least as likely as not related to his military service. The issue of entitlement to TDIU due to service-connected disabilities remains on appeal.

The Veteran's tinnitus began during active duty and has continued to the present. The Veteran's current back disability, variously diagnosed as degenerative disc disease, spondylolisthesis, and spondylolysis, is related to service.

The Veteran's appeal is remanded for additional development, including obtaining medical records and arranging for VA examinations to evaluate the severity of her service-connected low back disability and associated radiculopathy.

The Veteran's bilateral pes planus with chronic plantar fasciitis and right plantar spur, status post right plantar fasciectomy and left plantar fascia release with scars has been rated as 30 percent disabling. The Board found that the symptoms do not warrant a higher rating due to lack of severe spasm of the Achilles tendon on manipulation.

The Board has remanded the case due to the need for additional development, including obtaining private treatment records and arranging a VA examination.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining updated clinical records. The Veteran's claim of service connection for a back disability remains on appeal.

The Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as for additional compensation for lower extremity radiculopathy, were denied. The Board found that the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's PTSD is currently rated at 70 percent, effective from July 31, 2007. Service connection for diabetes, peripheral neuropathy of the bilateral lower extremities, and erectile dysfunction has also been granted.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing. The appeal is not ready for appellate review until this hearing is scheduled.

The Veteran's appeal is remanded for further development, including an updated VA examination to assess the current severity of his service-connected lumbar spine disability.

The Veteran's scars from skin cancer and lumbar stenosis have been granted initial ratings of 10 percent, effective May 14, 1999 (date of claim to re-open service connection).

The Veteran's claim for service connection for degenerative arthritis with stenosis of the lumbar spine has been reopened and granted.,Service connection is granted for a back disability (degenerative arthritis with stenosis of the lumbar spine).,The Veteran's claim for service connection for peripheral neuropathy of the left lower extremity has been reopened and granted.,Service connection is granted for peripheral neuropathy of the left lower extremity.,The Veteran's claim for service connection for peripheral neuropathy of the right lower extremity has been reopened and granted.,Service connection is granted for peripheral neuropathy of the right lower extremity.,Service connection is granted for porphyria cutanea tarda, as secondary to herbicide exposure.

The Veteran's back disability and right hip strain were granted increased ratings, while her left breast scar was not. The TDIU claim is referred to the AOJ.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine with spondylosis and intervertebral disc disease involving the right sciatic nerve is related to his in-service low back symptomatology, resolving doubt in favor of the Veteran.