Back / lumbar spine decisions — 2015

The Veteran's claim for a clothing allowance was denied as there is no documented provision of a manual wheelchair or other qualifying prosthetic or orthopedic appliance that tends to wear or tear his clothing, and the medications prescribed do not cause irreparable damage to his outergarments.

The Veteran's back disability is rated at a 20 percent rating effective July 25, 2014. The condition was previously rated as 10 percent prior to that date.

The Board granted a 40 percent rating for lumbar strain with degenerative disc disease as of May 29, 2008. The Veteran's right and left knee disabilities were rated at 10 percent each.

The Board has reopened the Veteran's claim of service connection for a back disability and finds that new and material evidence has been submitted. The Veteran is found to have continuously experienced back pain symptomatology since his discharge from service, which meets the criteria for service connection.

The Veteran's service-connected low back disability is currently rated at 40 percent, effective December 23, 2009. The rating reflects the presence of limitation of motion and no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's lumbosacral strain, with L2 deformity, was found to warrant a 10 percent rating based on the schedular criteria. The extraschedular consideration did not result in an increased rating.

The Board has remanded the case for further development, including consideration of an extraschedular evaluation and a TDIU claim. The Veteran's service-connected low back disability is at issue.

The Board has determined that the Veteran's claims have been denied as his appeals do not involve service connection issues, but rather focus on rating determinations and effective dates. The specific issues are related to increased ratings for various conditions and effective date determinations.

The Veteran's service connection claims for lumbar spine arthritis and right foot plantar fasciitis have been granted. The initial compensable disability rating of 10 percent has also been granted for the left knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the current severity of his low back disability. The matter will be reconsidered after these actions.

The Veteran's lumbar spine disability has been rated at 20 percent since June 29, 2009. The Board finds that a higher rating is not warranted for any period of time.

The Board found that the Veteran's neck and low back disabilities are not service-connected as they did not have their onset during active duty, or were otherwise etiologically related to an in-service injury, disease, or event.

The Board has reopened the Veteran's claims of entitlement to service connection for lumbar and cervical spine disorders, but not for a left shoulder disorder. The evidence submitted since the March 2009 decision raises a reasonable possibility of substantiating these claims, while the evidence does not raise such a possibility for the left shoulder disorder.

The Veteran's back condition and left hip osteoarthritis are being remanded for further development, including a VA examination to determine the etiology of his back condition. The claim for service connection is also being remanded due to procedural issues.

The Board has determined that a rating of 20 percent for lumbosacral strain is warranted since October 27, 2014. The Veteran's disability resulted in painful motion causing limitation of flexion to 60 degrees and functional losses more equivalent to the 20 percent rating.

The Veteran's low back disability and associated right lower extremity radiculopathy have been granted initial ratings of 40 percent for the entire appeal period, with a temporary increase to 60 percent effective November 21, 2012.

The Veteran's claims for increased ratings for his service-connected left knee disability, peripheral neuropathy of the upper and lower extremities have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board finds that the Veteran's low back disability, specifically lumbar disc disease, is related to service and grants service connection for this condition.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral shoulder disability, thyroid disability, neck disability, or bilateral wrist and knee disabilities. The claims for service connection for these conditions are denied.

The Veteran's PTSD is currently rated at 50 percent, but no higher. The claims for COPD and emphysema as well as the back disability are denied due to lack of service connection.