Back / lumbar spine decisions — 2017

The Veteran meets the schedular requirements for a total disability evaluation based on individual unemployability since October 15, 2014 due to his service-connected conditions. The Board has granted this claim effective from that date.

The Veteran's lumbar spine disability was rated at 40 percent effective May 1, 2015. The rating for left leg nerve radiation remains at 10 percent.

The Veteran's claim for individual unemployability was submitted on June 9, 1999. The Board denied an earlier effective date due to lack of evidence indicating a prior claim.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for further development, including a VA examination and obtaining outstanding medical records.

The Board denied the appellant's claims for service connection for a back disability and TDIU due to service-connected disabilities, finding that there was no evidence of a chronic back disability present during active service or within one year after separation. The appellant's current back disability is not considered related to his military service.

The Board finds that the Veteran's tinnitus, lumbar degenerative disc disease and degenerative joint disease with HLA B-27 positive genetic status, and rheumatoid arthritis are not related to service. The claims for these conditions are therefore denied.

The Veteran's appeal has been withdrawn due to a request for withdrawal prior to the Board's decision.

The Board has ordered a new VA examination to determine the etiology of all low back disabilities present during the period of the claim, other than one already diagnosed. The examiner is requested to provide an opinion on whether there is a 50 percent or better probability that each disability began during service, is otherwise etiologically related to the Veteran's active service, or was caused by service-connected diabetes mellitus Type II and/or gouty arthritis of the great toe.

The Veteran's appeal is being remanded for additional development, including a new VA examination to address the current severity of his lumbar spine disability and compliance with recent developments in the law pertaining to joint testing.

The Board has determined that the Veteran's claimed disorders are not related to his service-connected DJD of the right hip. The claims for service connection have been denied.

The Board has determined that the Veteran's lumbar spine disability does not warrant a higher rating as it is currently rated at 40 percent, and his cervical spine disability does not warrant a higher rating as it is currently rated at 20 percent.

The Veteran's service-connected disabilities, particularly his psychiatric disability, preclude him from substantially gainful employment. The Board has granted the TDIU based on these conditions.

The Board has remanded the case for additional development, including obtaining pertinent records and arranging for an orthopedic examination to determine the nature and likely etiology of the Veteran's lumbar and cervical spine disabilities.

The Veteran's hiatal hernia with reflux esophagus gastritis is currently rated at 30 percent, effective January 14, 2015. The Board finds that the evidence supports a higher rating.

The Board found no evidence of a current disability related to the Veteran's claimed right wrist/hand/soft tissue condition, left shoulder condition, or low back pain and upper back pain due to dislocated rib. The preponderance of the evidence is against these claims.,Service connection was denied for all three conditions as there is no medical evidence linking them to service.

The Board has reopened the Veteran's claim for service connection for a low back disorder and has determined that new and material evidence has been received. The Board also found that the criteria for service connection have been met, granting the Veteran's claim.

The Veteran's back disability is found to be related to his active service, and he is granted service connection. The Veteran's PTSD is rated at 30 percent, which is the maximum schedular rating available.

The Veteran's claim for an initial rating for lumbosacral strain in excess of 10 percent before August 3, 2016, and in excess of 20 percent thereafter is being remanded due to the need for additional examination and evidence.

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

The Veteran's appeal is being remanded for additional examinations and to obtain relevant medical records. The issues of service connection for back, right thigh, chest, and acute respiratory disabilities are on appeal.