Back / lumbar spine decisions — 2015

The Veteran's lumbosacral strain and associated right lower extremity radiculopathy are productive of symptoms warranting at least a 20 percent rating since September 2, 2006.

The Board has remanded the case due to incomplete development and a need for an etiology opinion considering all service treatment records, including those from 1979, 1984, and 1988.

The Veteran's service-connected disabilities, particularly his lumbosacral spine condition, render him unable to protect himself from daily environmental hazards and he requires the regular aid and attendance of another person.

The Veteran's claims for increased ratings were denied. The left shoulder rotator cuff tendonitis and lumbar spine hypertrophic osteoarthritis did not meet the criteria for higher ratings, while the left ear hearing loss was rated at its maximum allowable level of Level I impairment. PTSD met the criteria for a 70 percent rating prior to December 12, 2011, but from that date forward, it did not warrant an increased rating beyond 30 percent. The GERD and hiatal hernia with gallbladder disease were rated at their maximum allowable level of 10 percent.

The Board has determined that the Appellant's current lumbar spine disability is related to a motor vehicle accident during ACDUTRA, and service connection for this condition is granted.

The Board has remanded the Veteran's claims for further development, including a VA examination to determine if his lumbar spine disability and radiculitis/radiculopathy are related to service. The claims will be reconsidered after these actions.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations to address the nature and etiology of his low back disability and the current severity of his service-connected bilateral hearing loss.

The Veteran's left knee disability received an increased rating to 30 percent effective September 20, 2007. The right knee disability received an increased rating to 60 percent effective February 1, 2011.,Both knees have been rated based on the severity of their respective disabilities.

The Veteran's appeal is being remanded to obtain additional medical opinions and examinations, as well as to ensure that all relevant evidence has been considered in the adjudication of his claims.

The Veteran's appeal is being remanded for additional development to reassess the severity of his service-connected mixed headache syndrome and lumbar degenerative disc disease, as well as to address a derivative claim for TDIU.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for low back disability. The Veteran's current low back disability is not shown to be related to his military service, as there is no chronic disability noted in service or within one year post-service. For right shoulder disability, there is also no showing of a chronic disability and it is not linked to service. Therefore, the claims for both conditions are denied.

The Veteran's claim for a higher rating for his lumbar spine intervertebral disc syndrome, status post surgery is being remanded due to the need for additional development including another VA examination and obtaining medical records.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection of a lumbar spine disability. The Board also found that the current lumbar spine disability is related to active service, thus granting service connection.

The Veteran's claims for earlier effective dates were denied as the evidence did not show that he filed a claim prior to February 10, 2010.,The Veteran's claims for increased ratings were granted with an effective date of February 10, 2010.

The Veteran's lumbosacral strain is rated at 10 percent and the Board has determined that a new VA examination is required to determine the current level of severity.

The Veteran's claim for a higher rating for his lumbar post laminectomy syndrome and left lumbar radiculopathy was granted, with the highest possible rating of 40 percent. The claim for a higher initial rating for his status post hemicolectomy associated with lumbar post laminectomy syndrome remains pending.

The Veteran's low back disability, specifically DDD status post fixation L4-L5, is rated at 20 percent prior to February 14, 2008. The evidence shows a degree of severity most consistent with the 20 percent level.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and tinnitus. The claims are therefore denied.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine is being remanded due to a lack of recent VA examination and treatment records.