Back / lumbar spine decisions — 2017

The Veteran seeks service connection for burns to the thoracolumbar back and bilateral legs, including as due to exposure to high octane fuel. The Board finds that further development of the record is necessary.

The Board has denied the Veteran's claims for service connection for a low back disability, bilateral carpal tunnel syndrome, and DJD of the thumbs due to lack of evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for additional development due to incomplete examinations and potential aggravation of a congenital condition.

The Veteran is entitled to an effective date of November 12, 1984 for the grant of basic eligibility for dependents educational assistance (DEA) under 38 U.S.C.A., Chapter 35 due to a permanent total service-connected disability from that date.

The Board has determined that the Veteran's current back and neck disabilities were not caused or aggravated by a disease or injury in active service, and thus denied his claims for service connection.

The Veteran's appeals for increased ratings and service connection were denied. The Board found that the evidence did not support higher ratings or service connection for his claimed conditions.

The Veteran's lumbar spondylolisthesis and degenerative disc disease are currently rated at 40 percent, effective December 1, 2016. His bilateral pes planus is also rated at 50 percent, effective the same date.

The Board has determined that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, with reasonable doubt resolved in favor of the Veteran.

The Veteran's service-connected thoracolumbar spine disability and associated lumbar radiculopathy have not met the criteria for a higher rating at any point during the appeal period.

The Veteran's appeal for higher ratings on his lumbar spondylosis with degenerative disc disease and right leg radiculopathy was denied. He was granted separate compensable ratings for left lower extremity radiculopathy, service connection for constipation as secondary to the low back disability, and a TDIU claim is pending. His bilateral hip disorder and bilateral knee disorder appeals were withdrawn.

The Board has remanded the case for additional development, including obtaining an addendum to the VA examination opinion and obtaining relevant VA treatment records. The claim will be decided on the merits after these actions.

The Veteran's low back disability is rated at 40 percent from June 7, 2007 to February 3, 2017. He also has separate ratings for right and left lower extremity radiculopathy.

The Veteran's lumbar spine disability has been characterized by pain and limitation of flexion between 30 and 60 degrees. The Board found that the criteria for a rating in excess of 20 percent have not been met.

The Board denied the Veteran's claims for service connection for tremors of the left hand, tendonitis of the right leg, and an increased rating for degenerative arthritis of the thoracic-lumbar spine. The Veteran was not granted any new or material evidence to reopen his previously denied PTSD claim.

The Board has decided to remand the case for further development, including obtaining medical opinions regarding the nature and etiology of the appellant's back disability. The appeal will be reconsidered after this additional development.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. Service connection claims for prostate condition, arthritis of lumbar spine with spina bifida occulta, and arthritis of right hip are pending.

The Veteran's chronic low back strain is rated as 10 percent disabling, and left lower extremity radiculopathy as 10 percent disabling. The Board finds that the evidence does not support a higher rating for either condition.,The Veteran's service-connected conditions are evaluated based on their direct effects without any presumption or secondary connection to other conditions.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling VA examinations to assess the current severity of his service-connected conditions.

The Veteran's claims for service connection for various disabilities, including hypertension, bilateral lower and upper extremity peripheral neuropathy, left jaw disability, head disability, right leg disability, left knee disability, right knee disability, and back disability, were denied as there is no evidence of a current diagnosis or in-service onset. The Board found that the Veteran did not meet the criteria for service connection based on direct service incurrence.

The Veteran's appeal is being remanded for additional development, including a more contemporaneous VA examination to assess the severity of his lumbosacral spine disability.