Back / lumbar spine decisions — 2018

The Veteran has withdrawn his appeals on all issues related to service connection and increased rating for traumatic brain injury. The appeal is dismissed.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his thoracolumbar disability and shoulder disabilities throughout the time period on appeal.

The Veteran's service connection claim for a thoracolumbar spine disability is granted, with the condition having its onset in service. The claims of increased ratings for bilateral pes planus and cervical spine stenosis are remanded as additional development is needed. The claim for an increased rating for duodenal ulcer remains pending.

The Veteran's TDIU claim is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected left ankle disability. The case will be readjudicated after these actions.

The Veteran is entitled to a TDIU on an extraschedular basis from July 29, 2009, due to his service-connected back disability and radiculopathy of the lower extremities.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Board denied service connection for a low back disability, obstructive sleep apnea, and respiratory disability. The evidence did not support the Veteran's claims of direct service connection or secondary service connection.,VA examiners consistently found no link between the Veteran's current conditions and his military service.

The Board has decided to remand the claim for service connection for a low back disability, as the VA examiner's opinion is insufficient and further examination or development may be necessary.

The Board found that the Veteran's low back disability is not related to his military service and denied his claim for service connection.

The Board has determined that there is no evidence of a separately diagnosed claustrophobia disability and thus denied the Veteran's claim for service connection for this condition. The remaining claims have been remanded for additional development.

The Veteran's appendectomy and oomphaticectomy residuals are not service-connected, as the current scars do not meet criteria for a compensable rating. The lung disorder to include bronchial asthma and COPD is not service-connected due to lack of evidence during service or within one year post-service. The back disorder is also not service-connected as arthritis was not manifest in service. The ventral hernia, GERD, and heart condition are not service-connected.

The Veteran's service-connected DDD and arthritis of the thoracolumbar spine are currently rated at 40 percent, effective September 5, 2017. The Board finds that his condition does not warrant a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective from February 6, 2002. The Board found that the evidence did not support a higher rating due to lack of incapacitating episodes or unfavorable ankylosis.

The Veteran's back disability is found to be service-connected. The peripheral neuropathy of the upper and lower extremities are not found to be service-connected.

The Veteran's claim for service connection of a low back disorder was denied in November 2004, and the decision is final as no timely Notice of Disagreement (NOD) was filed within one year of the notification letter.

The Board has remanded the case for a new VA opinion to determine if the Veteran's current low back disability is related to his in-service injury during basic training. The examiner should consider the extent to which the in-service injury led to subsequent pathologies.

The Board finds that the Veteran's lumbar spine disability, which is manifested by decreased range of motion and pain, does not meet or approximate the criteria for a rating in excess of 40 percent under the applicable rating criteria. Therefore, the claim for an increased rating is denied.

The Board has determined that additional development is needed before the claims can be decided. This includes obtaining VA medical opinions to assess the etiology of the Veteran's low back and cervical spine disorders, as well as a VA examination for his acquired psychiatric disorder.

The Board denied service connection for liver disease and low back disorder, but granted a rating in excess of 70 percent for the psychiatric disability.