Back / lumbar spine decisions — 2017

The Board has denied the Veteran's claims for an earlier effective date for service connection of PTSD and higher initial ratings for his lumbar spine and cervical spine disabilities. The appeal is currently pending.

The Veteran's claims for an earlier effective date, higher initial rating, and TDIU have been denied. The Board found that the preponderance of evidence did not support these claims.

The Veteran's claims for higher initial ratings for the lumbar spine disability and service connection for a right shoulder disability were denied. The Board found that the evidence did not meet the criteria for the assigned disabilities prior to September 15, 2010 or from September 15, 2010.

The Board has granted service connection for hiatal hernia with GERD and a low back disorder, finding that the Veteran's current conditions are etiologically related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and a new VA spine examination to determine the current severity of his service-connected low back condition.

The Board has decided to remand the case due to the need for additional development of records, including VA treatment records and National Guard service records. The Veteran's claim for service connection for a low back condition will be reconsidered after these records are obtained.

The Veteran's appeal is being remanded due to the need for a videoconference hearing.

The Board has remanded the case for additional development due to an incomplete VA opinion regarding the etiology of the Veteran's back disability. The examiner needs to provide a clear determination on whether any congenital spine disorders are diseases or defects, and if they were aggravated by service.

The Board has decided to remand the Veteran's claim for additional development due to inadequate etiology opinion in the May 2015 VA examination.

The Veteran's PTSD was rated at 70% prior to January 31, 2013. From that date onward, the rating increased to 100%. The Veteran also received a TDIU effective from January 31, 2013.,PTSD symptoms included anger and irritability, difficulty in public places, isolation, and occasional suicidal ideation.

The Board finds that the Veteran's current low back disorder, including pars defects and degenerative disc disease, is related to his active service. The claim for service connection is granted.

The case is being remanded for additional development, including obtaining a VA examination and opinions regarding the Veteran's claimed conditions.

The Veteran's low back disability is rated at 40 percent disabling effective March 18, 2015. The right lower extremity radiculopathy was previously rated at 20 percent prior to April 27, 2010 and granted TDIU status prior to March 18, 2015.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and providing the Veteran with a VA examination to assess his lumbar spine disability. The TDIU claim will also be addressed.

The Board finds that the Veteran's current back and lower extremity disorder is not due to or aggravated by his January 1997 hemorrhoidectomy, nor can it be attributed to service-connected conditions. The claim for compensation under 38 U.S.C.A. § 1151 has also been denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing a new VA examination to assess the severity of her lumbosacral disability.

The Board denied reopening the claim for service connection for a bilateral knee disability and found that new and material evidence had not been received. The claims for increased ratings for right shoulder strain and lumbar strain remain pending.

The Veteran's application for a total disability rating based on individual employability (TDIU) due to service-connected disabilities was granted effective May 6, 1994. The Board found that the evidence supported the conclusion that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran withdrew his appeals for the issues of entitlement to an initial compensable disability rating for recurrent inguinal hernia status post hernioplasty, entitlement to an initial compensable disability rating for a residual scar of the right hernioplasty, and entitlement to a 10 percent evaluation based on multiple noncompensable service-connected disabilities. The appeal is dismissed.

The Veteran's claim for a higher rating for lumbosacral strain with degenerative disc disease, L5-S1 was granted. The condition is currently rated at 40 percent.