Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for further development, including new examinations and clarification of the service connection theory.

The Veteran's service-connected disabilities are sufficiently severe to inhibit his ability to obtain gainful employment, and the Board has granted a TDIU.

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to November 15, 2016. Since that date, his combined scheduler disability rating was 100%, and he is contending that he is unemployable due to a combination of these same service-connected disabilities.

The Board found that neither a current neck disorder nor a current back disorder began during service or is related to service in any other way, and denied the Veteran's claims for service connection.

The Veteran's claims for higher ratings for his service-connected cervical and back disabilities were denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to March 23, 2017, for RLE radiculopathy; nor did it support a rating in excess of 20 percent from March 23, 2017, for cervical and back disabilities.

The Board denied the Veteran's claims of service connection for degenerative disc disease, L4-L5; polyp removal; otitis externa; and a skin condition. The hearing loss claim was also denied as there is no evidence that it has worsened since the May 2016 VA examination.

The Veteran's service-connected disabilities, including PTSD and low back syndrome, caused him to be substantially confined to his dwelling and immediate premises. However, the need for aid and attendance was not due solely to these service-connected conditions.

The Veteran's appeal involves multiple conditions and theories of causation, including service connection for various disabilities allegedly related to poisoning during service. The case is being remanded to obtain additional medical records, schedule appropriate VA examinations, and consider the Veteran's claims in light of his reported exposures.

The Veteran's MG is found as likely related to his service-connected PTSD and/or Agent Orange (AO) exposure.,The Veteran's urticaria was found to have its initial onset during his active service, and is considered a current disability for the purpose of this decision.,The Veteran's arthritis and degenerative disc disease of the lumbar spine are found as likely related to his active service or injuries stemming from his MG.

The Veteran's lumbar DDD disability was rated at 20% prior to May 30, 2013 and remains at 20% on and after that date. The appeal for service connection of a respiratory disorder is denied.

The Veteran's lumbosacral strain did not meet the criteria for a rating in excess of 20 percent prior to December 10, 2010. Since then, it has not resulted in unfavorable ankylosis or IVDS with total duration of at least 6 weeks during any 12-month period.

The Board has denied service connection for a psychiatric disorder, degenerative disc disease (back disorder), and tinnitus as they are not shown to be related to service.

The Board has remanded the case for a VA examination to determine if the Veteran's current back disorders are related to his service-connected gunshot wound or any other in-service events, and whether they are permanently aggravated by that injury.

The Veteran's claim for an increased rating in excess of 40 percent for his lumbosacral disability is being remanded due to the need for a new examination as the last VA examination was more than three and a half years ago.

The Board found that the Veteran's low back disability did not originate in service or until years thereafter, and is not otherwise etiologically related to service. The current low back disability was determined to be less likely than not incurred in or caused by any disease or injury during active duty.

The Veteran's lumbar strain disability was initially rated at 10 percent prior to December 30, 2014. After that date, the disability did not warrant a higher rating as there was no evidence of unfavorable ankylosis.

The Board has found that the Veteran's degenerative disc disease is at least as likely as not to have had onset during active service, and thus grants service connection for a lumbar spine disorder.

The Board has determined that the Veteran does not have a low back disability or residuals of a pinched nerve that are related to service. As such, service connection for these conditions is denied.

The Veteran's appeal is being remanded for further development, including a new VA examination to comply with Correia v. McDonald (2016).

The Board has remanded the case for additional development, including scheduling a VA examination and adjudicating the extraschedular aspect of the Veteran's back disability claim.