Back / lumbar spine decisions — 2014

The Veteran's appeal involves claims for service connection for a back disability and an increased rating for his right foot injury. The Board has determined that additional development is needed, including obtaining Social Security Administration records, arranging for VA examinations to assess the severity of the right foot disability and the etiology of the back disability, and ensuring all pertinent information is provided.

The Board finds that the law, as written by Congress and implemented by VA regulation, has been correctly applied in this case. The recoupment of the overpayment of VA compensation in the amount of severance pay received ($32,551.20) by withholding in monthly allotments payments of disability compensation benefits is required by law.

The Veteran's service-connected chronic low back strain is currently rated at 20 percent, effective March 24, 2012. The Board denied the claims for higher ratings as his disability did not meet the criteria for a rating in excess of 10 percent prior to that date and did not warrant a separate rating for radiculopathy.

The Veteran's low back disability and associated radiculopathy were evaluated, but the ratings for both conditions did not meet the criteria for higher evaluations.

The Veteran's left ankle talocalcaneal coalition and lumbosacral strain were evaluated, but the claims for higher ratings were denied as his conditions did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board finds that the Veteran's low back disability, diagnosed as degenerative joint disease (DDD) and arthritis, is related to service. The right knee disorder and left knee disorder are not found to be related to service.

The Board found no evidence of a current disability related to service for hypertension and denied the claim. For the back disability, the Board determined that there was insufficient evidence linking any current condition to service.

The Board has restored the Veteran's 20 percent rating for lumbar strain from May 1, 2009 to May 29, 2014. The Veteran's current range of motion is sufficient to meet the criteria for a 20 percent rating.

The Veteran's service-connected disabilities meet the schedular percentage requirements for TDIU, and the Board finds that he is unable to secure or maintain any substantially gainful employment due to his service-connected disabilities.

The Board has determined that additional VA records are needed to fully evaluate the Veteran's claims, specifically Social Security Administration (SSA) disability benefits records. The case is being remanded for these records to be obtained.

The Board found that the Veteran's low back condition, diagnosed as degenerative disc disease and degenerative changes of lumbar segment, was not incurred or aggravated during his military service. The evidence did not establish a connection between his current disability and his active duty.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling him for a VA examination.

The Veteran's appeal for a higher rating for her lumbar spine disability is granted, effective from January 1, 2014. Her right knee patellofemoral pain syndrome and varicose veins are rated as appropriate. The left knee claim to reopen and the lower extremity varicose veins effective date claim are referred back to the AOJ for further action.

The Veteran's claims for increased evaluations for right ankle strain and ankylosing spondylitis of the lumbar spine were denied as his conditions do not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's asthma is currently rated as 30 percent disabling, and the criteria for an evaluation in excess of 30 percent have not been met.

The Veteran's spinal stenosis, status post bilateral laminectomy with microdiskectomy and scar, lumbar spine has been rated at 20 percent since March 11, 2013. The Board found that the current rating adequately reflects the severity of his disability.

The Veteran's appeals for service connection on the merits have been dismissed as he withdrew his appeal regarding right chest scar, right hip disability, left ankle disability, left knee disability, residuals of head injury, and bilateral hearing loss. The claims of service connection for low back disability and left eye disability are reopened.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and ensuring all available VA and non-VA treatment records are obtained.

The Veteran's appeal is being remanded for additional development, including a VA examination and the acquisition of any outstanding medical records. The issue at hand is whether his service-connected lumbar spine disability warrants a higher rating.

The Board has remanded the case for additional development, including obtaining personnel records and private treatment records, scheduling VA examinations, and providing updated medical opinions.