Back / lumbar spine decisions — 2013

The Veteran's tinnitus was granted as service-connected, with the onset during service. The Veteran's PTSD is currently rated as 50 percent disabling.,Service connection for DDD of the lumbar spine remains pending due to lack of final adjudication.

The Board has remanded the case for further development, including a new VA examination and adjudication of the referred claims for CUE in prior rating decisions. The Veteran's earlier effective date claim is also being remanded.

The Veteran's appeal is being remanded to obtain additional VA treatment records and to schedule a VA examination to assess the current severity of his back disability. The issues include seeking an increased rating for his service-connected lumbar muscle strain and determining whether he should be granted service connection for asthma and coronary artery disease.

The Veteran's claims for service connection for bilateral knee disability, bilateral hearing loss, and TDIU were denied. The appeal is not about service connection at all.

The Veteran's lumbar scoliosis is currently rated at 20 percent, reflecting the limitation of forward flexion to greater than 30 degrees but not greater than 60 degrees and a combined range of motion not exceeding 120 degrees. The Board finds this rating appropriate for the entire appeal period.

The Board has determined that the Veteran's thoracic spine disability, diagnosed as degenerative arthritis, degenerative disc disease, and myofascial pain syndrome, is aggravated by her service-connected PTSD. Therefore, service connection for this condition is granted.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for a low back disorder and hypertension. The case is remanded for further development, including VA examinations.

The Veteran's low back disability is being remanded for further development, including a VA examination to determine if it is at least as likely as not that the condition was aggravated by service or related to any non-congenital conditions present during service.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability, which was previously denied in July 2005. The Veteran's claim is now reopened.

The Board found that the Veteran's service-connected lumbosacral strain did not meet or approximate the criteria for a rating in excess of 10 percent, as there was no evidence of forward flexion limited to between 30 and 60 degrees or combined range of motion less than 120 degrees.

The Board denied service connection for a neck disorder and a back disorder, finding that the Veteran did not have current disabilities related to his military service.

The Board has remanded the appeal for additional development, including obtaining VA examination reports and obtaining treatment records. The Veteran's claims for higher initial evaluations for his service-connected disabilities are also being remanded.

The Veteran's back disability was rated at 40 percent effective July 25, 2011. His radiculopathy of the right lower extremity was separately rated at 10 percent effective the same date.

The Board found that the Veteran's current left and low back disabilities were not incurred or aggravated by active service, nor are they proximately due to a service-connected disability. The claims for service connection were therefore denied.

The Veteran's claim for a higher initial rating for his service-connected lumbosacral strain with scoliosis and radiculopathy was granted, effective May 10, 2011. Separate ratings of 60 percent were assigned for the left lower extremity (LLE) radiculopathy of the sciatic nerve and a separate 20 percent rating for the right lower extremity (RLE) radiculopathy of the sciatic nerve. The effective date for these increased ratings was set at May 10, 2011.

The Veteran's service-connected disabilities, including bilateral high frequency hearing loss and chronic low back pain with degenerative joint disease, rendered him unable to secure or follow substantially gainful employment. The Board finds that he meets the percentage requirements for TDIU.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, and he is denied an evaluation in excess of this rating. The Board finds that his disability picture does not meet the criteria for a TDIU due to service-connected disabilities.

The Veteran's claim for increased ratings for his service-connected low back disability is being remanded due to the need for additional development, including a new VA examination and consideration of neurologic symptoms.

The Board has determined that the Veteran's low back disability is service-connected, with a rating of 30%.

The Veteran's claims for increased evaluations were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.