Back / lumbar spine decisions — 2015

The Board has reopened the Veteran's claim for service connection for low back disability and is granting it. The remaining claims of service connection for bilateral knee disability, right wrist disability, and acquired psychiatric disability are remanded for additional development.

The Veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Veteran's claims for higher ratings for his low back and left knee disabilities were denied. The Board found that the evidence did not meet the criteria for a disability rating higher than 20 percent for the low back disability or higher than 10 percent for the left knee disability.

The Board has remanded the case due to outstanding VA treatment records for the Veteran's low back disorder, asthma, hypertension, and vision disorder. The claims will be reviewed again after obtaining these records.

For the period prior to August 15, 2013, the Veteran's left foot drop with neuropathy associated with osteoarthritis and degenerative spondylosis status post discectomy with lumbar IVDS was rated at 20 percent.,For the period on or after August 15, 2014, the Veteran's left foot drop with neuropathy associated with osteoarthritis and degenerative spondylosis status post discectomy with lumbar IVDS was not rated higher than 60 percent.

The Veteran's status-post thoracolumbar strain is rated at 20 percent, effective January 25, 2013. His right and left lower extremity radiculopathy are each rated at 40 percent, also effective January 25, 2013. Hypertension remains rated as noncompensably disabling prior to January 25, 2013 and 10 percent thereafter.

The Veteran's request for service connection for a lower back disorder is remanded due to the need for a videoconference hearing.

The Veteran's spondylosis and lumbar strain with sciatica are currently rated at 20 percent, but the Board finds that a higher evaluation is warranted based on additional functional loss due to pain. Separate ratings of 10 percent each are assigned for neurological impairment of the right and left lower extremities.

The Veteran's appeal is being remanded for further consideration of his claim for a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities. The case will be referred to the Director, Compensation Service, for extraschedular consideration.

The Board has determined that the Veteran timely filed his December 2013 substantive appeal of the denial of entitlement to service connection for DJD of the lumbosacral spine. The claim is now before the Board.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board has determined that an effective date of August 13, 2008 is warranted for the award of a TDIU due to service-connected disabilities.

The Veteran's appeal is being remanded for additional examinations and development of the claims, including obtaining any outstanding records.

The Veteran's claim for a TDIU is being remanded as the VA has not obtained an opinion regarding his employability due to service-connected disabilities. The case will be readjudicated after obtaining this information.

The Board found that the Veteran's bilateral hip and low back disabilities are not service-connected as they did not have their clinical onset in service, were not otherwise related to service or a service connected disability, and are less likely caused by his service-connected bilateral foot disability.

The Board denied service connection for a low back disability. The acquired psychiatric disorder was granted with a 50% rating effective June 13, 2008.

The VA examiner found no factual support for a formal diagnosis of a back disorder and opined that the condition is less likely than not related to service, including his service-connected knee and/or foot disabilities.

The Board found that the Veteran's back disorder, diagnosed as spinal stenosis, is not related to his active service and denied his claim for service connection.

The Veteran's appeals for higher ratings for PTSD and lumbar spondylolisthesis have been withdrawn. The bladder cancer claim is remanded for issuance of a Statement of the Case.

The Veteran's back disability is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The right foot fractures are each rated at 10 percent.