Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment at any time since October 4, 2016.

The Veteran's appeal is being remanded for further development and readjudication of the claims, including a VA PTSD examination and addendum opinions on GERD, cervical spine, low back, and right knee disabilities.

The Veteran's appeal is denied as the evidence does not meet the criteria for an increased rating for his lumbar spine disability or GERD. The issue of service connection for PTSD remains pending.

The Board has reopened the claims of service connection for lumbosacral strain and new evidence supports this reopening. However, no new or material evidence was found to reopen the claims of service connection for duodenal ulcer, diabetes mellitus (including as due to in-service herbicide exposure), and hiatal hernia.

The Board has remanded the case for further development and consideration of whether a TDIU is warranted on an extraschedular basis due to the Veteran's service-connected disabilities.

The Veteran's right shoulder and lumbosacral spine disabilities were aggravated by an error in judgment or an event not reasonably foreseeable, warranting compensation under 38 U.S.C. § 1151.

The Board found that the Veteran's current back disability did not have its onset in service, was not manifested to a compensable degree within one year of separation, and is otherwise unrelated to service. As such, the claim for service connection for a low back disability has been denied.

The Veteran's appeal has been dismissed as she withdrew her claim for an increased evaluation in excess of 40 percent for the service-connected low back disability.

The Veteran's claim for increased ratings for her service-connected back condition is being remanded due to the need for additional development, including a new VA examination to assess the current severity and manifestations of her disability.

The Veteran's appeal is being remanded for additional development to assess the combined effect of all his service-connected disabilities on his ability to work, including his now service-connected acquired psychiatric disorder and bilateral lower extremity radiculopathy.

The Board found that the Veteran's service-connected disabilities did not render him unable to secure and maintain substantially gainful employment prior to January 7, 2011.

The Veteran's claim for a higher disability rating for his compression fracture, L1 vertebra, with chronic lumbar strain was denied. The Board found that the evidence did not meet the criteria for a disability evaluation in excess of 20 percent prior to October 3, 2017 and in excess of 40 percent thereafter.

From March 24, 2009, to January 12, 2017, the Veteran's service-connected disabilities alone were not of sufficient severity to produce unemployability.,From January 13, 2017, the Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability.

The Veteran's lumbar spondylosis has been rated at 40 percent since the appeal began, and there is no evidence of ankylosis or incapacitating episodes that would warrant a higher rating.

The Board finds that the evidence does not support a finding of service connection for either a left shoulder or low back disability.

The Veteran's appeal is being remanded for further development, including a new VA orthopedic examination to address range of motion and functional loss due to pain. The case will be returned to the Board after this additional development.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 10 percent since October 1, 2003, and 40 percent since August 23, 2016. The claim for higher initial ratings for cutaneous neuritis of the anterior aspect of the left thigh remains denied.

The Board found that the Veteran's back disability, bilateral leg pain, and hypertension were not incurred or aggravated by service. The evidence did not support a finding of direct service connection for these conditions.

The Board has remanded the Veteran's claims for service connection due to incomplete opinions and need for additional development.

The Veteran's appeal for a higher rating for his low back disability and TDIU was denied. The Board found that the evidence did not support a higher rating for the low back disability, as it did not meet the criteria for a higher rating under the applicable diagnostic codes. For TDIU, the Board noted that the Veteran had been working full-time since 2012 and his service-connected conditions did not prevent him from securing or following substantially gainful employment.