Back / lumbar spine decisions — 2018

The Veteran's claim for service connection for a gastric ulcer has been granted. The Board finds that the evidence supports a finding that his current gastric ulcer is related to active military service.

The Board has denied the Veteran's claims for service connection for a bilateral hip condition and a lumbar spine condition, finding that there is no evidence to support these conditions being related to his active duty service or secondary to his service-connected knee sprain.,Both conditions are not considered presumptively service connected due to lack of in-service onset or within one year after discharge.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's low back disability and whether it is caused or aggravated by his service-connected right and left knee disabilities.

The Board has determined that further development is needed to clarify the appellant's service connection claims, including obtaining her complete military personnel records and any relevant medical records.

The Board has determined that the Veteran's back condition is not related to her military service.,There is no evidence of a current right knee disability, and any current complaints are more likely due to recent accidents.

The Veteran's lumbar spine degenerative disc disease was evaluated as 10 percent disabling prior to September 25, 2015 and remains at that level from September 25, 2015 onwards. The current ratings do not meet the criteria for a higher evaluation.

The Board finds that the Veteran's lumbar spine disability was not incurred in or aggravated by service and denied service connection for this condition.

The Board has determined that the Veteran's lumbar spine disorder, including degenerative joint disease and degenerative disc disease, is related to his service. The evidence shows he injured his back during basic training in 2001 and again while moving equipment in Iraq in 2003.

The Veteran's TDIU claim was denied because he did not complete and return the required VA Form 21-8940, which is necessary to substantiate his claim of unemployability due to service-connected disabilities. The Board found that the Veteran has not provided sufficient information regarding his employment history.

The Veteran's left knee disorder, back disorder, and right knee disorder have been granted service connection. The psychiatric disorder has not been found to be related to active duty service.

The Veteran's appeals for diabetes mellitus, left foot disability, and sinus disability have been withdrawn. The Board has determined that the Veteran does not meet the criteria for service connection for these conditions.

The Board has decided to remand the case for additional development due to a lack of consideration of service treatment records noting complaints of low back pain in 1994. The Veteran's representative requested an addendum opinion from the VA examiner who provided the March 2016 VA medical opinion on her low back claim.

The Veteran's claim for an initial rating in excess of 50 percent for major depressive disorder is granted, effective June 26, 2006.

The Veteran's low back disability is currently rated at 20 percent, effective June 26, 2017. The evaluation was granted as the condition met the criteria for a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's low back disability is granted service connection, and his right knee disability qualifies for a temporary total evaluation due to surgery. The left knee disability claims are pending.

The Board denied the Veteran's claim for an effective date earlier than October 1, 2008 for a total disability rating based on individual unemployability (TDIU). The TDIU arose on October 1, 2008, when the Veteran stopped working. The effective date of October 1, 2008 is correct as it is the later of the date of claim and the date entitlement to a TDIU arose.

The Board has remanded the case for a new VA examination and opinion to address the nature and etiology of the Veteran's LLE complaints, including his reported service onset.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner to determine if the Veteran's current shoulder and neck disorders are related to his period of service. The claim will be returned to the Board after this development is completed.

The Veteran's claim for a disability rating in excess of 30 percent for his service-connected degenerative disc disease (DDD) of the cervical spine has been denied. The evidence does not support an increase in the rating.

The Veteran's neck and back disabilities have been rated based on their current manifestations, with no indication of service connection for these conditions. The appeal is denied as the evidence does not support a higher rating.