Back / lumbar spine decisions — 2014

The Veteran's lumbar spine facet syndrome has not resulted in forward flexion of the thoracolumbar spine to 60 degrees or less, combined range of motion of the thoracolumbar spine to 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. Therefore, a higher initial rating is not warranted.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling examinations to evaluate the Veteran's service-connected disabilities. The issues include entitlement to increased ratings for various ankle disabilities and service connection for a back disability and bilateral foot disability.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and conducting medical examinations.

The Veteran's GERD has been rated as 10 percent disabling since service connection was granted. The back disability, prior to October 11, 2011, has not met the criteria for a higher rating than 10 percent. Since October 11, 2011, the back disability warrants a 40 percent rating.

The Veteran's low back disability, specifically degenerative disc disease, has been rated at 20 percent since January 30, 2008.

The Veteran's lumbar spine disability is currently rated at 40 percent, and he has been granted a TDIU. The Board finds no basis to grant an increased rating or reopen the claim for service connection.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected lumbar spine and associated neurological disabilities did not meet the criteria for TDIU due to their moderate impact on employment. The issue of service connection for bilateral knee disorder as secondary to the service-connected lumbar spine disability was also remanded.

The Board found that the Veteran's low back disorder did not manifest during service or within one year thereafter, and there is no evidence linking his current condition to military service. The VHA examiner opined that the low back disorder was less likely related to his bilateral knee disorders.

The Veteran's claim for higher initial ratings for degenerative osteoarthritis of the lumbar spine was granted, with a rating of 40 percent effective January 14, 2008. The decision also addressed his TDIU claim and found that he is unemployable since July 1, 2004.

The Board denied service connection for right knee and low/mid back disabilities, but granted a 20% rating for osteoarthritis of the left shoulder.

The Board has determined that the Veteran's service-connected low back disability does not warrant an extraschedular rating, but has granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's claim for an annual clothing allowance is being remanded due to the need to address a service connection issue related to his thoracolumbar spine compression fracture. The case will be referred back to the Undersecretary of Health or her designee to determine if the use of his spinal brace tends to wear or tear his clothing.

The Veteran's lumbar spine disability is rated at the highest schedular rating of 60 percent.,Ratings for neuropathy in the lower extremities prior to August 25, 2010 are not warranted. Ratings since that date meet the criteria for a 40 percent rating.

The Veteran withdrew his appeal for all issues currently before the Board.

The Board has granted service connection for a bilateral hip disability as secondary to service-connected bilateral knee disabilities and has reopened the Veteran's claim of service connection for RLS previously claimed as bilateral leg cramps. The low back disability and sleep apnea claims are pending, with further examination and development required.

The Board has determined that the Veteran's claim for service connection for a back disability, including spondylolisthesis with degenerative disc disease, status post laminectomy with disc fusion, and status post disc replacement, should be remanded due to the need for additional development of medical records.

The Board finds that the Veteran's hypertension did not manifest during service and is not shown to be related to his military service. The claim for service connection for an acquired psychiatric disorder, including PTSD and depression, is denied as there is no competent evidence linking these conditions to service.

The Veteran's appeal is being remanded for further development due to the need for updated evidence regarding his service-connected degenerative disc disease of the lumbosacral spine and herniated nucleus pulposus, as well as its associated radiculopathy.

The Veteran's combined service-connected disabilities have resulted in a rating of 90 percent, which is the highest possible under current regulations. The Board has determined that this rating is correct and no higher rating can be granted based on the evidence provided.

The Board has granted service connection for PTSD and remanded the issue of an increased evaluation for low back strain.