Back / lumbar spine decisions — 2014

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine the current severity of the service-connected low back disability. The issues remain on appeal.

The Veteran's lumbar spine disability resulted in severe limitation of motion during the entire appeal period and meets the schedular criteria for a 40 percent rating. The Board also granted TDIU from January 25, 2008.

The Board has determined that the Veteran's radiculopathy, right lower extremity, associated with a lumbar spine disability, is analogous to moderate incomplete paralysis of the sciatic nerve and grants a rating of 20 percent effective June 25, 2009.

The Board has reopened the claim of service connection for a left knee disability due to new evidence submitted since the last final denial. The low back disability is also considered as secondary to the left knee disability.

The Veteran's claim for an increased rating for his service-connected lumbosacral spine DDD was granted, and he is now rated at 40 percent effective September 27, 2012. He also received a separate 20 percent rating for radiculopathy of the right lower extremity.

The Veteran's low back disability is currently rated at 20 percent, and the Board denied an increased rating. The issue of TDIU was also denied as it has been withdrawn by the Veteran.

The Veteran's service-connected lumbar spine disability has not resulted in an exceptional or unusual disability picture so as to render impractical the application of the regular schedular standards, and thus her claim for extraschedular rating is denied.

The Board found that the Veteran's lumbar spine disability warranted a rating of 20 percent prior to February 19, 2005.

The Board has determined that the Veteran's current low back disability is not related to his military service and denied his claim for service connection.

The Board found that the Veteran's account of a back injury during his period of active service was not credible and thus did not meet the second element for service connection. As such, the claim is denied.

The Board has determined that the Veteran's low back disability, diagnosed as lumbar disc disease, was incurred in service and grants service connection for this condition.

The Board has determined that the Veteran's claims for increased rating and service connection are not properly adjudicated due to inadequate or incomplete medical opinions, and additional development is required.

The Veteran's low back strain with a history of a fracture of L3 was initially rated at 10 percent prior to April 14, 2011 and increased to 20 percent from that date. The current rating is appropriate based on the evidence showing pain but no additional limitation in motion.

The Board has decided to remand the Veteran's claim for service connection for a lumbar spine disorder, as there is insufficient evidence and further development is needed. The Veteran will be provided with an opportunity to provide updated treatment records and undergo a VA examination.

The Veteran's claim for TDIU is being remanded due to conflicting medical opinions and the need for further examination.

The Board has determined that the Veteran's current left knee disorder is related to his service, and thus grants service connection for this condition. The low back disorder issue remains pending as it requires further examination and opinion.

The Veteran's low back disability was granted effective May 6, 1999. His left knee disabilities and urethral stricture disease were also granted effective that date. The combined rating is now at 60 percent.

The Board has granted service connection for a back disability. The Veteran's pes planus and hepatitis C are also found to be related to service.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance, nor does he qualify for specially adapted housing or special home adaptation assistance.

The Veteran's degenerative disc disease of the lumbar spine did not result in forward flexion of the thoracolumbar spine to 30 degrees or less, even when considering functional loss due to pain and other factors. Therefore, his claim for a rating in excess of 20 percent was denied.