Back / lumbar spine decisions — 2014

The Board has granted service connection for adjustment disorder with anxiety, bilateral plantar fasciitis and flat feet, and lumbar spine osteoarthritis and L5 disk bulge. The Veteran's conditions are believed to be related to his military service.

The Veteran's claims for service connection for a cervical spine disorder and psychiatric disorders, to include PTSD, were denied as the evidence did not establish that these conditions were incurred in or aggravated by active military service.,Service connection was granted for a lumbar spine disorder due to new and material evidence being received.

The Veteran's lumbar strain and degenerative disc disease are rated at 40 percent prior to March 7, 2014. From March 7, 2014 onwards, the disability is rated as 50 percent disabling. The right lower extremity radiculopathy has been assigned a 10 percent rating since September 15, 2009 and prior to March 6, 2014. Since March 7, 2014, the left lower extremity radiculopathy is rated as 10 percent.

The Veteran's cervical spine disability was rated at 10 percent for the period from August 20, 2008 to May 2, 2013. The Board found that the evidence did not support a higher rating based on incapacitating episodes or under the General Rating Formula for Spine Disabilities.

The Veteran's claims for increased ratings for his lumbar spine and bilateral knee disabilities were denied. The Board found that the evidence did not support a higher rating based on functional loss or instability, as there was no ankylosis of the spine or knees, and the Veteran had not experienced incapacitating episodes related to his service-connected lumbar spine disability.

The Veteran's degenerative arthritis of the lumbar spine has been rated as noncompensably disabling prior to December 22, 2009, and as 10 percent disabling on and after that date. The claim is granted.

The Board has decided to remand the Veteran's claims for additional development due to conflicting medical evidence and inadequate examination findings.

The Veteran's claim for an initial higher rating for his service-connected low back disability is being remanded due to the submission of additional medical evidence not addressed in a supplemental statement of the case.

The Veteran's claim for service connection for a back disability has been reopened and granted. He is also entitled to SMC at the housebound rate as of February 13, 2012 due to his PTSD and other service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including scheduling new VA examinations and issuing a Statement of the Case (SOC) on several claims.

The Board found that the Veteran did not timely file a Substantive Appeal regarding the July 2008 rating decision, which decreased the epilepsy rating from 20 percent to 10 percent, continued the low back disability rating at 20 percent, and denied individual unemployability.

The Veteran withdrew his applications to reopen the claims of service connection for a lumbar spine disability and left shoulder disorder as secondary to the service-connected cervical spine disability. The Board dismissed these issues.

The case is being remanded due to the inadequacy of the July 2013 VA examination, which did not address the Veteran's current symptoms or functional limitations. The Veteran needs a new examination to determine the severity of his lumbar spine disability and its impact on work.

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence in order to properly adjudicate the Veteran's claim for service connection of his lower back disability.

The Veteran's claim for service connection for the residuals of a low back injury is being remanded due to questions regarding the exact nature and etiology of his claimed condition. Further development, including obtaining medical records and scheduling an examination, will be necessary before a final decision can be made.

The Board has determined that the Veteran's psoriasis is likely to have had its onset during service and granted service connection for this condition. The back disability claim was not addressed as it pertained to a period of active duty outside Vietnam, and thus does not meet the criteria for presumptive service connection based on exposure to burn pits or other specific environments.

The Board has determined that the Veteran does not have tinnitus or cervical and thoracolumbar spine disabilities that are related to service. The evidence is against a finding of service connection for these conditions.

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

The Veteran's degenerative joint disease of the lumbosacral spine and Parkinson's disease were not found to warrant a higher initial rating, with the current 20% rating for the lumbar spine condition remaining unchanged.

The Board has reopened the Veteran's claims of entitlement to service connection for a neck condition and low back condition. The evidence shows that these conditions were aggravated during active service, and there is credible lay testimony linking current symptoms to service. Therefore, service connection is granted.