Back / lumbar spine decisions — 2013

The Board granted an increased rating of 20 percent for the Veteran's service-connected back disability, effective from September 11, 2009. The rating was based on forward flexion limited to 30 degrees and other criteria under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case for additional development, including obtaining VA treatment records and considering a possible extra-schedular rating. The Veteran's claim of entitlement to an increased disability rating for his service-connected degenerative disc disease with spondylolisthesis is being reconsidered.

The Board denied the Veteran's claim for service connection for a back disability, finding that it was decided on the merits and not reopened due to new evidence.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's current degenerative disc disease of the cervical spine was caused or aggravated by his service-connected disabilities.

The Veteran's right knee disabilities are not rated higher than 10 percent and 20 percent, respectively.,The Veteran's lumbosacral spine disability is not rated higher than 10 percent.,Service connection for PTSD was denied.

The Veteran's claim for a higher rating for degenerative disc and joint disease of the lumbosacral spine was denied, as his disability did not meet or approximate the criteria for a schedular rating in excess of 20 percent. His bilateral hearing loss claim was also denied.

The Veteran's service-connected lumbar spine disability is rated at 40 percent since December 28, 2010. The claim for an increased rating prior to that date remains pending.

The Veteran's appeal has been dismissed due to his withdrawal of the issue regarding entitlement to separate compensable ratings for other nondermatological manifestations of mastocytosis, claimed as heart and back disability.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation between October 9, 1996 and April 9, 2001.

The Board found that the Veteran's lumbar spine disability was not incurred in service and is not caused by or aggravated by his service-connected left foot disability. The claim for increased rating of the left foot disability was also denied.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they are less than 60% combined and he is capable of securing and following substantially gainful employment.

The Veteran's cervical spine disability is rated as 60 percent disabling prior to July 10, 2012. From that date forward, he has separate ratings for moderate radiculopathy of the right and left upper extremities (40% each) and degenerative disease of the cervical spine (30%).,The Veteran's lumbar spine disability is rated as 40 percent disabling.,Both conditions are not rated higher.

The Veteran's claim for bilateral hearing loss was denied as he did not meet the criteria for a disability due to impaired hearing in either ear. His claims for lumbar strain and left lower extremity radiculopathy were partially granted with an initial 10 percent evaluation for lumbar strain, effective December 11, 2006, and a separate 20 percent evaluation for left lower extremity radiculopathy secondary to lumbar strain, effective March 28, 2012.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine had its onset in service and is therefore granted service connection for this condition. The right knee and left knee disabilities are not currently addressed as they were remanded.

The Board found that the Veteran's low back disorder is proximately due to his service-connected left foot scar, resolving all reasonable doubt in favor of the Veteran.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board has ordered a remand to verify the Veteran's service connection due to potential issues with his service status and to obtain additional medical records.

The Board has determined that a VA examination is necessary to determine if the Veteran's current back disability is related to his active duty service. Additionally, the RO must request any relevant Social Security Administration records.

The Veteran's low back disability is being remanded for additional development, including a VA spine examination to determine if it arose during service or is related to any incident of service. Relevant ongoing medical records from the VA Medical Center in Athens, Georgia are also requested.

The Board has remanded the case for a VA examination to determine whether the Veteran meets the criteria for special monthly pension based on aid and attendance or housebound status. The appeal is currently in remand status.