Back / lumbar spine decisions — 2018

The Veteran's appeal is being remanded for additional development to obtain relevant medical records and provide the Veteran with a VA examination to assess his service-connected viral meningitis residuals and lumbosacral strain.

The Veteran's cardiovascular signs and symptoms, gastroesophageal reflux disease (GERD), obstructive sleep apnea (OSA), dermatitis, and vertigo have not been diagnosed. The Veteran's lumbar radiculopathy is service-connected.,PTSD remains service-connected but the Veteran has not provided sufficient evidence to warrant a higher rating.

The Veteran's death was not due to a service-connected disability, thus the appellant does not qualify for CHAMPVA benefits.

The Veteran's low back strain disability was rated at 10 percent prior to February 9, 2016, and at 20 percent as of that date. The Board found the evidence did not support a higher rating for any period.

The Board has assigned a 40 percent rating for the entire appeal period for lumbar spine degenerative disc disease, which is more than the maximum benefit allowed under VA law and regulations. The issue of entitlement to TDIU was withdrawn by the Veteran.

The Board has determined that the Veteran's lumbar spine disability was not incurred during service, did not manifest within one year following his separation from service, and is not related to service. As such, the claim for service connection for a lumbar spine disability is denied.

The Board has determined that the Veteran's low back disability had its onset during service and is related to his in-service duties, granting service connection for this condition.

The Board has remanded the appeal due to a need for additional development, including investigating the Veteran's account of an in-service injury and obtaining any related records.

The Board has determined that the Veteran's skin, back, bilateral foot, and bilateral knee disorders are not related to his active duty service.

The Board found that the Veteran does not have current disabilities of the lumbar spine, bilateral shoulders, or left arm. The preponderance of evidence is against the claims for service connection.

The Veteran's claims for service connection and special monthly compensation were denied. The Board found no evidence of a right upper extremity or low back disability that is causally related to, or aggravated by, his service-connected conditions.

The Board found no evidence to support the Veteran's claims of brain trauma, fibromyalgia, or low back disorder being related to her active service. The preponderance of the evidence is against these claims.

The Veteran's claim for increased ratings for his service-connected back disability and associated neurological, urinary, and bowel impairments has been granted. He is now rated at 80 percent for left lower extremity lumbar radiculopathy, 80 percent for right lower extremity lumbar radiculopathy, 60 percent for urinary dysfunction, and 100 percent for bowel dysfunction as secondary to his service-connected back disability.

The Board denied service connection for chronic headaches and TDIU, finding that the Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's low back, right knee, and left knee disabilities are etiologically related to service. Service connection is granted for these conditions.

The Veteran is entitled to a TDIU since November 17, 2011 and SMC based on the need for aid and attendance due to her service-connected disabilities.

The Veteran's current back disability is found to have initially manifested during his active service, and the Board grants service connection for a back disability (DDD and DJD).

The Veteran's service-connected disabilities do not warrant a higher rating, as the evidence does not show recurrent symptomatic infection or frequent hospitalizations for his left scrotal condition. His lumbar spine disability is rated based on moderate limitation of motion and mild radiculopathy of the left lower extremity.

The Veteran's claim for service connection for sinusitis was denied because he did not have a current diagnosis of the condition. The claim for an earlier effective date for TDIU prior to May 17, 2006, but not before January 1, 1996, is also denied as the Veteran had been working until December 1995 and therefore was not unemployable due to service-connected disabilities.

The Board has remanded the case for further development and readjudication of the claims, including obtaining employment verification forms from the Veteran's previous places of employment and any outstanding medical records.