Back / lumbar spine decisions — 2015

The Board has remanded the Veteran's claims for service connection due to deficiencies in a previous VA opinion. The Veteran is seeking service connection for partial paralysis of the right leg and herniated disc disease of the lumbar spine, both claimed as secondary to her service-connected post-degenerative and herniated disc disease at T7-8 with lumbosacral strain.

The Veteran's lumbosacral strain with compression deformity of the body of L1, and degenerative changes including narrowing at L5-S1 has been rated as 20 percent disabling. The Board found that his condition warranted a higher evaluation to 40 percent due to functional loss approximating favorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeal has been withdrawn due to the appellant requesting a withdrawal of the appeal.

The Veteran's claim for an earlier effective date for service connection for bipolar disorder was denied as the earliest possible effective date is January 21, 2005.,The Veteran's claim for a higher initial disability evaluation for degenerative osteoarthritis of the lumbar spine with disc protrusion and extrusion at L4-L5 and L5-S1 levels prior to April 22, 2015, and in excess of 20 percent thereafter was denied as there is no evidence that the Veteran's disability worsened between January 21, 2005 and April 22, 2015.

The Board has granted service connection for an acquired psychiatric disorder, to include depressive disorder. The claims of service connection for a low back disability, joint pain, hepatitis C, and tinea pedis are remanded.

The Veteran's PTSD is rated at 70 percent, and he has been granted a TDIU since August 15, 2011. He also qualifies for SMC at the housebound rate due to his service-connected disabilities.,Effective from August 15, 2011, the Veteran's other service-connected conditions (PTSD, amputations, radiculopathies, spinal stenosis, and hand residuals) combine to meet or exceed a combined rating of 70 percent.

The Veteran's service connection claims for an angioplasty with stent placement of the left distal extracranial internal carotid artery, low back pain and arthritis, and patellar spur of the right knee were denied as her conditions are not shown to be causally or etiologically related to service.

The Veteran's lumbar spine disability is currently rated at 20 percent, the maximum schedular rating available. The evidence does not support a higher rating based on additional functional loss or incapacitating episodes of intervertebral disc syndrome.

The Board has remanded the case for further actions including obtaining medical records and providing a VA examination to determine if the Veteran's degenerative arthritis of the thoracolumbar spine is related to his military service.

The Board found that the Veteran's low back disability is not related to his service, including as secondary to his service-connected prostate cancer.

The Board has granted a 20 percent rating for the Veteran's cervical spine disability since December 11, 2007. The effective date of this decision is June 6, 2012. The earlier effective date for the right knee extension rating remains unchanged.

The Veteran's tinnitus, lumbar spine disability, and cervical spine disability are all found to be related to service. The Board grants these claims.

The Board has determined that the Veteran's current lumbar spine DDD and degenerative changes are related to his in-service low back injury, resolving reasonable doubt in favor of the Veteran.

The Veteran's depressive disorder is rated at the highest possible rating under the applicable criteria, but his lumbar spine disorder does not meet or nearly approximate the criteria for a higher rating.,His migraine headaches are currently rated as 30 percent disabling and do not meet or nearly approximate the criteria for a higher rating.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The RO must schedule the Veteran for a Board hearing at the RO with notice provided to him at his current address.

The Board has determined that the Veteran's peripheral neuropathy, including CIDP, is related to his military service and herbicide exposure. The cervical spine DDD claim requires additional development as it involves a recent diagnosis.

The appeal has been dismissed as the appellant withdrew their request for a hearing and to continue the appeal.

The Board has determined that additional development is needed in this case, including obtaining relevant medical records and scheduling the Veteran for examinations to determine the current severity of his service-connected lumbar spine disability, radiculopathy of the left lower extremity, and right hip condition. The TDIU issue must also be remanded as it is inextricably intertwined with the higher rating claims.

The Board has remanded the case due to incomplete service records and the need for additional VA examinations.

The Veteran's claims are being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to assess his lumbar degenerative disc disease.