Back / lumbar spine decisions — 2017

The Veteran's low back disability is rated at 10 percent and the Board finds that a higher rating is not warranted. The Veteran does not meet the requirements for TDIU due to service-connected disabilities.

The Veteran's PTSD and lumbar strain claims are being remanded for additional development, including obtaining relevant treatment records and conducting examinations to assess the severity of his conditions.

The Veteran's lumbar degenerative disc disease was not found to meet the criteria for higher ratings from November 2, 2007 to December 16, 2015 and since December 17, 2015.

The Veteran's low back disability was initially rated as 0 percent from August 13, 2006, to September 2, 2009. From September 3, 2009, through March 31, 2015, the rating was increased to 20 percent. On and after April 1, 2015, the Veteran is rated at 10 percent for this disability.

The Board denied reopening and granting service connection for a low back disorder and residuals of a head injury, to include cysto-tumor and papilledema of the eyes due to lack of new and material evidence.

The Veteran's claims for higher evaluations for his lumbar spine and right thigh disabilities were denied. The Board found that the evidence did not support a finding of more than the currently assigned ratings under the applicable rating criteria.

The Board found that the Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation, thus denying his claim for a TDIU.

The Board denied service connection for neck injury and back injury, finding no evidence of such conditions during or immediately following service. The Veteran's current degenerative joint disease was not shown to be related to his military service.

The Veteran's left shoulder disability is currently rated as 20 percent disabling, effective May 2, 2016. The Board finds that the evidence does not support a higher rating for any period prior to May 2, 2016, and since then, it does not meet the criteria for a rating in excess of 20 percent.

The Board has determined that the Veteran's low back disorder and ulcer disease are not related to service, and thus denied both claims.

The Board has remanded the case to the agency of original jurisdiction (AOJ) for additional development, including obtaining private treatment records and scheduling a VA back examination.

The Veteran's service-connected disabilities have not prevented him from maintaining full-time employment during the entire appeal period.

The Veteran's TDIU claim is being remanded for additional development to determine the extent of her service-connected disabilities and their impact on her ability to work.

The Veteran's service-connected disabilities resulted in the need for regular aid and attendance of another person, warranting special monthly compensation based on aid and attendance.

The Board found that the Veteran's current back and neck disabilities were not caused or aggravated by his period of ACDUTRA in May 1990, as there was no indication of aggravation.

The Board denied the Veteran's claim for increased ratings for his cervical spine disability, finding that the evidence did not meet the criteria for a higher rating during any portion of the appeal period.

The Board has determined that the Veteran does not have current diagnoses for most of his claimed conditions and there is no evidence linking these conditions to service. Service connection is denied.

The Board finds that the Veteran's diabetes mellitus type II was not incurred in or aggravated by service, and may not be presumed to have been incurred therein. The low back strain with generative disc disease is currently rated as 10 percent disabling prior to March 24, 2014 and 20 percent thereafter.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to address the nature and etiology of his claimed disabilities.

The Board has determined that the Veteran's low back disability, diabetes mellitus, type II, peripheral neuropathy of bilateral upper and lower extremities, and hearing loss are all rated appropriately at their current levels.