Back / lumbar spine decisions — 2017

The Board has decided to remand the case for additional development and examination.

The Board has remanded the case for additional development due to a Joint Motion for Remand (JMR) from the parties. The Veteran's claim of service connection for his low back disorder and associated nerve impairment is being reviewed.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, render him unable to obtain or maintain substantially gainful employment. The Board finds that he is entitled to a TDIU.

The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability as a result of service-connected disabilities (TDIU) due to unclear information about the Veteran's employment and education, which is necessary for determining his employability.

The Board has determined that the Veteran's claimed conditions, including feminine issues to include tubal ligation, fungal infection of the skin, status post lumbosacral spine strain, right knee disorder, and left knee disorder, are not related to service. The appeal is denied.

The Veteran's service-connected disabilities, including PTSD, migraine headaches, lumbosacral spine disorder, and cervical spine disorder, meet the criteria for a TDIU. The combined rating is 80 percent.

The Board denied entitlement to an extraschedular combined rating for the Veteran's service-connected disabilities, finding that the evidence did not support such a rating given the adequacy of the schedular ratings and the Veteran's reported work loss.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, which is granted.

The Board has determined that the Veteran's low back condition is not etiologically related to service, and therefore denied his claim for service connection.

The Board has remanded the Veteran's claims due to the need for additional medical records and examinations.

The Veteran's gastrointestinal, low back pain, and neck pain claims were granted. The Veteran's headaches and bilateral shoulder problems/disability claims were denied.

The Veteran's service-connected hemorrhoid disability is currently rated as noncompensable. The Board has determined that the criteria for a compensable rating have not been met at any point during the period on appeal.,The Veteran's service-connected hiatal hernia and GERD disability are currently rated as 30 percent disabling effective August 21, 2012. The Board has found that the criteria for an increased rating to a maximum of 60 percent have not been met at any point during the period on appeal.,The Veteran's service-connected lumbosacral strain (back disability) is currently rated as 40 percent disabling, effective December 14, 2012. The Board has determined that the criteria for a higher rating to a maximum of 60 percent have not been met at any point during the period on appeal.

The Veteran's lumbar disability is rated at 40 percent since February 6, 2012. He also has separate ratings of 10 percent for right and left lower extremity radiculopathy.

The Board has determined that the Veteran's current back disorder is not related to his active service and denied his claim for service connection.

The Veteran requested to withdraw his appeal of the issues regarding disability ratings for lumbar degenerative disc disease and entitlement to a temporary total evaluation based on treatment needs. As such, the Board dismissed these issues.

The Veteran's appeal is granted, with a separate rating for left lower extremity radiculopathy associated with his service-connected lumbar spine disability. The TDIU claim remains pending.

The Board has granted service connection for a coccyx (tailbone) disorder, but denied service connection for lumbar spine and right hip disorders. The coccyx disorder is presumed to have been incurred in active service due to the Veteran's duties as a gunners mate.

The Board found that the Veteran's cervical spine disability, lumbar spine disability, and myasthenia gravis were not incurred or aggravated in service. The VA examiner concluded that these conditions are more likely age-related or related to a 2000 injury rather than service.

The Board has determined that the Veteran's lumbar spine, right knee, and left knee disabilities do not warrant higher ratings based on their current manifestations. The currently assigned 10% rating for each disability is maintained.

The Board has remanded the case for additional development, including obtaining VA treatment records and considering new evidence submitted by the Veteran. The claims will be reconsidered in light of this additional information.