Back / lumbar spine decisions — 2017

The Board has granted service connection for bilateral hearing loss. The claims for a back disability and sleep disability, to include as secondary to PTSD, have been denied.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's peripheral neuropathy of the left arm is related to diabetes or another unrelated etiology. The claims for service connection for neck and back conditions are also being remanded due to their inextricability with the claim for peripheral neuropathy of the left arm.

The Veteran's low back disability is currently rated at 40 percent, and a separate rating of 10 percent for radiculopathy of the bilateral lower extremities has been granted effective January 19, 2016.

The Veteran's service-connected left knee, right knee, lumbar spine, and cervical spine disabilities have rendered him unable to obtain or maintain gainful employment since September 30, 2008. The Board finds that his employment from September 30, 2008 to January 12, 2009 was marginal employment due to his service-connected knee, lumbar spine, and cervical spine disabilities.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical opinions regarding the etiology of her claimed conditions and whether they are related to service.

The Veteran's claim for increased ratings and TDIU is being remanded due to the need for additional development of his VA treatment records.

The Board has determined that the Veteran's current back disability did not manifest during service and is not related to any in-service injury or event. The preponderance of evidence does not support a finding that his current condition is linked to service.

The Veteran's claim for higher initial ratings for his lumbar spine degenerative disc disease and radiculopathy of the right lower extremity is denied. The TDIU claim prior to February 29, 2016, is also denied.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by service and may not be presumed to have been incurred in or as a result of service. The evidence does not support a finding that the current low back disability is related to his active duty service.

The Veteran's lumbar spine disability and left lower extremity radiculopathy were not rated higher than the current assigned ratings, resulting in a denial of his claims.

The Board has remanded the case for additional development, including obtaining VA treatment records and arranging for a medical examination to determine if any current disabilities are related to service.

The Veteran's claim for a rating in excess of 20 percent for lumbar spinal stenosis, post-operative with degenerative disk disease was granted. The TDIU claim was also granted effective May 15, 2017. However, the effective date is unclear as it could be May 14, 2013 based on the Veteran's last work date.

The Veteran's claims for service connection were denied, and the effective date of his award was July 31, 2001. The Board found no CUE in the February 1975 rating decision regarding a fracture of the thoracic spine.

The Veteran's appeal is being REMANDED for additional development and readjudication.

The Veteran's cervical spine disability is currently rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that additional functional loss due to flare-ups and pain warrants this higher rating.

The Veteran's back disability, including LLE and RLE radiculopathy, is rated at 40 percent. The separate rating for LLE radiculopathy remains at 10 percent.

The Board denied service connection for gastrointestinal disorder, including gastritis, gastroesophogeal reflux disorder (GERD), and irritable bowel syndrome.,The Board also denied service connection for low back disability. The Veteran's current lower back conditions are attributed to her service-connected knee disabilities.

The Board has determined that the Veteran does not have service connection for a left knee disability, low back disability, or psychiatric disorder.

The Veteran's appeal for a temporary total rating based on surgical or other treatment necessitating convalescence has been denied as the evidence does not show that he required additional convalescence beyond May 1, 2015.

The Board has determined that the Veteran's low back disorder is not related to service and therefore denied his claim for service connection. The hearing loss claim was also denied.