Back / lumbar spine decisions — 2018

The Veteran's PTSD is rated at 70 percent for the period prior to July 24, 2017, due to occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, or mood. The higher rating reflects significant impairment in his ability to maintain stable relationships and engage in meaningful employment.

The Board is remanding the case to address whether new and material evidence has been received to reopen the claim for service connection of low back disability. The appellant must provide such evidence.

The Veteran's appeal is denied as the evidence does not support an extension of a temporary total rating based on need for convalescence following lumbar spine surgery beyond July 31, 2010. The claim for increased evaluation for lumbar spine DDD and bilateral patellofemoral syndrome remains pending.

The Veteran's claims for service connection have been reopened, but the evidence does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board has remanded the Veteran's claims for service connection for a low back disability and a sinusitis disability due to insufficient evidence in the record. The case is now pending further development.

The Veteran's lumbosacral strain with degenerative joint disease and associated incomplete paralysis of the sciatic nerve were granted an increased disability rating from 10% to 20%. The effective date is not specified.

The Veteran's claim for increased ratings for his low back disability and radiculopathy of the right lower extremity was denied. The Board found that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has determined that the Veteran's low back disorder and arthritis did not have onset during service or within one year of separation, and are not otherwise etiologically related to service.

The Board has determined that the Veteran's low back disability was not incurred or aggravated in service and may not be presumed to have been incurred therein. The claim for service connection is therefore denied.

The Veteran's low back disability was rated at 20 percent from November 21, 2008 to April 8, 2014. After that date, the rating was increased to 40 percent.

The Board denied service connection for a back disorder and an eye disorder, finding that the Veteran's current conditions are not related to his military service.,The Board also found that the Veteran's countable income exceeded the maximum annual pension rate limit set by law.

The Veteran's claim for an increased evaluation of her lumbar spine disability and TDIU prior to January 4, 2011 was denied by the Board. The decision found that the evidence did not meet the criteria for a higher rating or TDIU based on service-connected disabilities.

The Veteran's claims for service connection for headaches, blackouts, back condition, sleep disorder, high blood pressure, erectile dysfunction, and acquired psychiatric disability were denied. The right shoulder disability was granted a 20 percent rating.

The Veteran's posttraumatic stress disorder is rated at 50% since July 3, 2006. For the period from July 3, 2006 through January 17, 2007, he was granted a 20% rating for his degenerative disc disease at L4-5. The Veteran's claim for higher ratings for his degenerative disc disease and unemployability due to service-connected disabilities is denied.

The Veteran's service-connected disabilities, including arthralgia of the lumbosacral spine, depressive disorder, radiculopathy of the left and right lower extremity, and gastroesophageal reflux disease (GERD)/gastritis, combine to be 70 percent disabling. The Board finds that these conditions prevent the Veteran from securing and following a substantially gainful occupation.

The Veteran is eligible for assistance in acquiring specially adapted housing due to his service-connected disabilities, which involve both lower extremities and cause a loss of use so severe that it precludes locomotion without the regular and constant use of assistive devices.

The Board has determined that the Veteran's claimed upper and lower back, neck, right arm, and left arm disorders are not related to his military service.

The Board denied the Veteran's claims for increased evaluations for his service-connected degenerative disc disease and chronic left L5 radiculopathy.

The Board has granted service connection for dysthymic disorder and found that the Veteran's chronic lumbar strain warrants a 40% disability rating. The effective date is not specified.

The Board has determined that the Veteran's claims of service connection for a lumbar spine disability, peripheral neuropathy of the bilateral upper and lower extremities, psychiatric disorder (including PTSD and depression), and dementia are not supported by the evidence. The preponderance of the evidence is against these claims.