Back / lumbar spine decisions — 2015

The Veteran's DDD, L5-S1, was rated at 20 percent from April 20, 2011 to March 31, 2015. The rating was reduced to 10 percent effective April 1, 2015 for both the right and left lower lumbar radiculopathy.

The Veteran's appeal is being remanded to the AOJ for scheduling a video hearing before a Veterans Law Judge. The issues of service connection for PTSD, anxiety disorder, broken ribs, and back disability are pending.

The Veteran's lumbar spondylosis was not shown to meet the criteria for a higher rating from December 29, 2011. From September 19, 2014, her condition met the criteria for a 10% evaluation based on limitation of motion.

The Veteran's low back disability warrants a 20 percent rating prior to April 26, 2012. Separate ratings of 20 percent and 10 percent are assigned for left leg radiculopathy and right leg radiculopathy, respectively.

The Veteran's lumbar spine condition is rated at 10 percent, the lowest possible rating under the applicable criteria. The other issues on appeal are not addressed as they were not adjudicated by this decision.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling the Veteran for a VA examination to determine the nature and etiology of his current leg and back disabilities. The claims will be readjudicated after all development has been completed.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's low back disorder is related to his period of service.

The Board finds that the Veteran has a current low back disability, which began in service and is related to his military service. The claims for cellulitis and Bell's palsy are denied as there is no evidence of these conditions during or within one year after service.

The Board has remanded the case for additional development to determine if the Veteran's hearing loss, neck disability, and back disability are related to his service in the United States Army National Guard.

The Board denied the Veteran's claims of service connection for lumbar spine disability, sleep apnea, GERD, migraine headaches, and bilateral hearing loss. The reasons provided were that there was no confirmed diagnosis of these conditions in service or since service separation, and continuity of symptoms since service could not be established.

The Veteran's claim for an increased rating for his service-connected degenerative disease of the lumbar spine with contusion is being remanded due to a need for a new VA examination to assess the current severity and functional impact of his disability.

The Board has remanded the case due to incomplete records, need for a new VA examination considering recent testimony, and the Veteran's receipt of Social Security Administration disability benefits. The claim will be reconsidered after these issues are addressed.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's low back and left knee disorders, as well as to consider additional private treatment records. The claims will be readjudicated after all relevant evidence is considered.

The Veteran's left knee disability, including instability and meniscal tear with degenerative joint disease, warrants a 10 percent rating since March 2006. A separate 10 percent rating is granted for left knee instability from October 14, 2009 to December 3, 2013.

The Board has received additional private treatment records and the Veteran's lay statement, which have not been reviewed by the RO. The case is being remanded to allow for a de novo review of these documents.

The Veteran withdrew her appeals for increased ratings of neck, right knee, and low back disabilities during the September 2014 Board hearing. The case is dismissed as a result.

The Board has determined that the Veteran does not have a present diagnosis of residuals from a traumatic brain injury, and therefore service connection for this condition is denied. The claim for an increased rating for low back strain remains pending.

The Board has granted service connection for a low back disorder and found that the Veteran's current condition is related to his active service. The claim for increased ratings for tinnitus and for TDIU remains pending.

The Veteran's PTSD is rated at 50 percent effective April 5, 2011. The low back strain rating remains unknown as the appeal for this issue was not addressed in the decision.,PTSD has been granted a 70 percent disability rating, which is the maximum allowed under VA guidelines.

The Veteran's cervical spine disability, which manifests in forward flexion of the cervical spine approximating 30 degrees and abnormal spinal contour, is currently rated as 20 percent disabling.