Back / lumbar spine decisions — 2017

The Board denied the Veteran's claim for SMC based on housebound status from June 1, 2007 to December 31, 2008 due to insufficient evidence showing a single service-connected disability rated at 100% and additional disabilities that would qualify him for SMC.

The Veteran's claims of service connection for immune thrombocytic purpura, degenerative arthritis of the lumbar spine, and hypertension are being remanded due to outstanding STRs not being available. A VA examination is needed to determine the nature and etiology of these conditions.

The Board found no evidence to support a service connection for the Veteran's low back disability, concluding that any current conditions are not related to his military service.

The Board has granted service connection for a lumbar spine disability, finding that the condition is related to active service.

The Veteran's tinnitus is presumed to have developed during active service due to exposure to artillery fire. The Board has granted service connection for this condition.

The Veteran's acquired psychiatric disorder, including PTSD, is granted as service-connected. The left elbow, left shoulder, right ankle, and right knee disorders are denied due to lack of evidence linking them to service or a service-connected condition. The thoracolumbar spine disorder, testicular pain, chest pain (costochondritis), stomach pain, and headaches are also denied.

The Board has determined that the Veteran's service-connected low back strain with lumbar disc degeneration and left lower radiculopathy disability renders him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Veteran's lumbar spine disability has been rated based on the severity of his symptoms, which have not met the criteria for a higher rating at any point during the appeal period.

The Veteran's service-connected disabilities, including depressive disorder, degenerative joint/disc disease of the thoracolumbar spine, right and left upper extremity radiculopathy, anterior cervical discectomy and fusion, chondromalacia of the knees, migraine headaches, and other conditions, have rendered him unable to secure or maintain substantially gainful employment since September 12, 2008.

The Veteran's thoracolumbar spine disability is rated at 20 percent, and he is granted a TDIU based on his service-connected disabilities rendering him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claim for service connection for a back disability due to issues with compliance and need for further development. The case is being returned to the AOJ for additional evidence and consideration.

The Board has ordered a remand to obtain an addendum medical opinion regarding the Veteran's low back disability, which is currently under consideration.

The Veteran's migraine headaches are currently service-connected, but the cervical spine disability and lumbar spine disability have not been established as service-connected.,Service connection for the acquired psychiatric disorder (including depression and PTSD) has been granted.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, which adequately reflects its severity. The claim for a higher rating is denied. The Board also found that an extraschedular evaluation was not warranted and denied the TDIU claim.

The Board has remanded the case due to outstanding private treatment records and an addendum opinion from a VA examiner.

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

The Board has determined that the Veteran's currently diagnosed neck, low back, and bilateral shoulder conditions are not related to his military service.

The Board has determined that the Veteran's back disability was incurred during his active military service and grants service connection for this condition.

The Board has granted the Veteran's claims of service connection for bilateral hearing loss, diverticulitis, and a low back disability. The claim for COPD was denied as there is no evidence that it manifested during service or is related to service. Service connection was also denied for shoulder DJD due to lack of in-service injury.

The Veteran's claim for a rating in excess of 20 percent for degenerative disc disease of the cervical spine was denied as there is no evidence that warrants an increase beyond the current 20 percent rating.