Back / lumbar spine decisions — 2017

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records, scheduling a VA examination to assess the severity of his cervical spine disability and etiology of his thoracolumbar spine and left leg radiculopathy disabilities, and assessing whether he meets the schedular requirements for entitlement to a TDIU.

The Board has determined that the Veteran's tinea cruris and low back disorder are not related to his service, including an in-service explosion. The conditions did not manifest during or within one year after service, nor is there a continuity of symptomatology.

The Veteran's hypertension is related to his military service. The claims for service connection for gouty arthritis, cervical and lumbar spine disorders, and bilateral leg disorders are denied as secondary to service-connected disabilities.

The Board found that the Veteran's current lumbar spine disabilities are not related to his service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA medical records and scheduling a new VA examination to address his claims for service connection.

The Veteran's low back disability is rated at 40 percent since September 22, 2011. The neurological manifestations of the service-connected low back disability affecting bilateral lower extremities are also rated at 40 percent effective March 15, 2016.

The Veteran's service-connected conditions do not combine to preclude him from securing and following a substantially gainful occupation.

The Board has granted service connection for bilateral upper and lower extremity peripheral neuropathy, right ear hearing loss, left ear hearing loss, and tinnitus. The back disability claim is being remanded.

The Board has granted service connection for lumbar and cervical spine disabilities, as well as an eye disability. The acquired psychiatric disability claim is pending due to the need to first address whether the Veteran's character of discharge serves as a bar to VA compensation benefits.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's low back disability and acquired psychiatric disorder (conversion disorder with depression) have been granted service connection, and the rating for the psychiatric disorder has been increased to 70 percent.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of a chronic condition during or immediately after service and no nexus between his current low back disability and any in-service injury. The Board also found no basis to grant service connection on a presumptive or secondary basis.

The Veteran's claim for an increased rating for her service-connected low back disability is being remanded due to the need for a VA examination and consideration of additional medical evidence.

The Board found no evidence of a chronic low back disorder in service or within one year after separation, and determined that the current low back disorder is not related to service. The Board also concluded that the current low back disorder is not caused by or aggravated by the Veteran's service-connected left inguinal hernia repair with left testicle removal disability.

The Veteran's service-connected traumatic arthritis of the lumbar spine is currently rated at 20 percent, effective June 1, 2013. The Board finds that this rating is appropriate as it reflects functional impairment due to pain and limitation of motion.

The Veteran's spine disability is rated at 40 percent, which does not meet the criteria for a higher rating. The evidence does not support an increased rating due to unfavorable ankylosis of the entire thoracolumbar spine.,Service connection has been denied for MDD with PTSD symptoms as there is no current diagnosis and the Veteran's symptoms are attributed to post-service factors.

The Veteran's service-connected lumbar spine disability has not been productive of forward flexion limited to 30 degrees or less, ankylosis, or incapacitating episodes. Therefore, the claim for a higher evaluation is denied.

The Board has determined that the evidence received since the October 1976 rating decision does not raise a reasonable possibility of substantiating the claim for service connection for a back disorder, and thus denied reopening of the claim.

The Board found that the Veteran's current lumbar spine disability did not have its clinical onset in service or within one year of service discharge, and is not otherwise related to service. Therefore, service connection for a lumbar spine disability was denied.

The Veteran's lumbar spine disability is rated at 40 percent, and he has met the schedular criteria for a TDIU as of August 1, 2010.