Back / lumbar spine decisions — 2017

The Board is remanding the case to consider whether there were sufficient manifestations of arthritis present during service or within one year following service, and to determine if any current low back disability was incurred in or caused by service.

The Board has granted a TDIU based on the combined effect of the Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and knee osteoarthritis.

The Veteran's lumbar spondylolisthesis at L5-S1 is rated as 60 percent disabling since November 26, 2013. The RO also granted SMC under 38 U.S.C.A. § 1114(s) effective from the same date. TDIU is moot due to the Veteran's already being in receipt of a total disability rating for individual unemployability based on service-connected disability.

The Veteran's neck disability, to include cervical degenerative joint disease and cervical degenerative disc disease, was granted service connection. The right shoulder and right arm disabilities were denied service connection.

The Board has granted service connection for hypertension, a CVA, and an eye disability. The Veteran's back disability is not considered due to active service or any disease/condition incurred therein.

The Veteran's low back disability was previously rated at 20 percent prior to December 19, 2016. The Board found that the evidence did not meet the criteria for a higher rating in this time period and denied the claim.

The Veteran's thoracic and cervical spine conditions, along with related nerve involvement of his lower extremities, have been evaluated based on their current manifestations. The evaluations are denied as they do not meet the criteria for higher ratings.,Service connection for tinnitus has also been denied.

The Board has determined that the Veteran's service-connected disabilities prevent her from securing or following a substantially gainful occupation, and therefore grants entitlement to a total disability rating based upon individual unemployability (TDIU).

The Board has remanded the case to the AOJ for consideration of all newly obtained evidence, including VA medical records and any other relevant documents. The claim will be reviewed in light of this new information.

The Veteran's service-connected disabilities do not meet the criteria for a higher disability rating or TDIU, as his back and radiculopathy conditions are not found to be causally related to his service-connected diabetes mellitus and peripheral neuropathy of the bilateral lower extremities.

The Board has determined that the Veteran's lower back and neck disabilities were not incurred or aggravated during service, and therefore denied both claims.

The Veteran's polyarthritis of the hands and feet, including gout affecting the right great toe, is rated at 20 percent since February 2, 2017. The other conditions have been granted increased ratings.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his lumbosacral strain, as the previous examination did not include testing for pain in active and passive motion and in weight-bearing and non-weight-bearing.

The Board has denied the Veteran's claims for service connection for sleep apnea and for increased ratings for lumbosacral strain, bilateral plantar fasciitis, hemorrhoids, and tinea pedis. The appeal is dismissed.

The Veteran meets the schedular requirements for TDIU due to his service-connected disabilities, and after considering the evidence of marginal employment prior to April 19, 2007, the Board grants TDIU effective September 30, 2004.

The Veteran's claim for service connection for peripheral neuropathy of the lower extremities has been reopened, but remains denied. Service connection was granted for chloracne (presumptive). The Veteran's lumbar disc disease and skin disability were found to be unrelated to service.

The Board has remanded the claims for additional development due to the need for records related to motor vehicle accidents and treatment of back and neck conditions, as well as for medical opinions addressing whether the Veteran's lumbar and cervical spine disabilities are caused or aggravated by his service-connected left knee disability.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to his in-service fall, resolving all reasonable doubt in favor of the Veteran.

The Board has determined that the November 2016 examination report did not fully address the Veteran's contentions regarding his back condition. The case is REMANDED for an additional VA medical opinion to clarify the nature and etiology of the Veteran's claimed thoracic spine and osteoporosis disorders on appeal.

The Board has remanded the case for further development, including obtaining a retrospective medical opinion from an appropriate VA examiner to assess the Veteran's service-connected disabilities and their impact on his employment. The claim will be readjudicated after this additional development.