Back / lumbar spine decisions — 2016

The Board has remanded the case for further development, including obtaining VA medical records and a fully adequate VA examination to assess the severity of the Veteran's service-connected lumbosacral strain with radicular pain in both lower extremities.

The Veteran's service-connected disabilities, including degenerative disc disease and degenerative joint disease of the lumbar spine, voiding dysfunction, constipation, and left lower extremity radiculopathy, have resulted in a combined evaluation of at least 70 percent since January 21, 2010. The Board has granted TDIU effective from that date.

The Board found that the Veteran's cervical spine disability did not manifest during or as a result of active military service, and denied his claim for service connection. For his lumbar spine degenerative disease, the Board determined that the evidence supported a rating in excess of 20 percent.

The Board has determined that the Veteran's current low back disability is caused by his service-connected left ankle strain, and thus grants entitlement to service connection for this condition.

The Veteran is entitled to a TDIU rating based on his service-connected disabilities, with the exception of specific periods where the schedular criteria were met.

The Board has remanded the case for further development, including providing a new VA examination to assess the severity of the bilateral lower extremity radiculopathy and readjudicating both issues upon completion of the requested development. The issue of TDIU is inextricably intertwined with the disability rating of the bilateral lower extremity radiculopathy.

The Veteran's appeal was denied for service connection of low back disability, left lower extremity numbness, right lower extremity numbness, and left upper extremity numbness. The initial evaluation for fracture of the right little finger was granted with a 10% rating. Service connection for TBI prior to October 23, 2008, and PTSD since that date were both granted with increased ratings. Finding of total disability based on individual unemployability (TDIU) was granted prior to December 20, 2010. Special monthly compensation based on statutory housebound status (SMC/HB) was granted.

The Veteran's low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted for any period of time during the appeal. The Veteran has been granted TDIU effective from April 6, 2010.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling a VA examination. The appeal will be returned to the Board after these actions are completed.

The Board has determined that additional examinations and records are needed to properly adjudicate the Veteran's claims for service connection. The case is therefore REMANDED.

The Board denied the Veteran's claims for increased ratings for bilateral hearing loss, a left knee disability, and a right knee disability. The claim for service connection for a low back disability was also denied.

The Veteran's claims are being remanded to obtain additional medical records and for a new VA examination. The issues include service connection for right shoulder disability, low back disability, and cervical spine disability.

The Board finds that the Veteran's congenital lumbosacral transitional vertebra is a disease and was present prior to service. The increase in severity during service supports the conclusion that it was aggravated by service.

The Veteran's service-connected lumbar spine disabilities have been rated based on the General Rating Formula for Diseases and Injuries of the Spine. The initial increased ratings were granted.

The Veteran's appeal is being remanded for additional development to determine the current severity of her service-connected degenerative disc disease of the lumbar spine and cervical spine, including any associated neurologic abnormalities. The TDIU claim will also be remanded in conjunction with these increased rating claims.

The Board found that the Veteran's current back condition is not related to his service, specifically a fall in service during combat. The medical evidence does not support a finding of service connection.

The Veteran's service-connected lumbar spine disability is rated at 40 percent effective June 19, 2012. The claim for a separate rating for left leg radiculopathy was granted.

The Board found that the Veteran's low back disability did not have its onset in service and is not otherwise related to her active service. The evidence does not support a finding of secondary service connection due to her right ankle periostitis.

The Board has determined that the Veteran's current bilateral hip, left ankle, right knee, and lumbar spine disorders are not service-connected as secondary to his service-connected left knee disability.

The Veteran's lumbar spine disorder was rated at 20 percent prior to April 11, 2013. The Board found that a higher rating of 40 percent is warranted for the period from July 12, 2008 to April 11, 2013.