Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded to determine if an extraschedular TDIU rating under 38 C.F.R. § 4.16(b) is warranted due to his service-connected disabilities, which include degenerative disc disease of the lumbar spine and radiculopathy of both lower extremities.

The Veteran's cervical spine disorder is currently evaluated at 20 percent, and the Board finds that an evaluation in excess of this rating is not warranted.

The Veteran's initial compensable rating for post-inflammatory hypopigmentation due to tinea versicolor is granted, and service connection for a lumbar spine condition is granted.

The Board has determined that the Veteran's cervical spine and low back disabilities did not manifest until more than one year after service, are not related to service, and were not aggravated by a service-connected right shoulder disorder.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and medical opinions regarding his low back disorder, tinea, sleep disorder, and left leg disorder.

The Veteran's service-connected degenerative joint disease with degenerative spurring of the thoracolumbar spine has been rated at 20 percent since February 4, 2011.

The Veteran's claim for service connection for a ganglion cyst of the right wrist was granted. The remaining issues on appeal are related to his PTSD, hypothyroidism, and back disability.

The Board has remanded the claims of service connection for residuals of a back injury, headaches, and bilateral flat feet due to incomplete records and need for further examination.

The Board has remanded the claims for service connection for a lumbar spine disability and chronic thoracic strain, also claimed as a dorsal spine condition to the AOJ for additional development.

The Veteran's claims for service connection for headaches, increased rating for traumatic arthritis of the lumbosacral spine, and separate evaluation for limitation of motion (left knee) were denied. The Veteran was granted a noncompensable rating for traumatic arthritis of the lumbosacral spine prior to November 20, 2015, and a 10 percent rating thereafter.

The Board has determined that the Veteran is entitled to special monthly compensation based on the need for regular aid and attendance, effective from September 26, 2005.

The Board has determined that the Veteran's back condition does not warrant increased disability ratings prior to June 25, 2015 or from June 25, 2015 onwards. The current manifestations of his service-connected back condition do not meet the criteria for higher rating under the applicable VA Rating Schedule.

The Veteran's low back strain with arthritis and degenerative disc disease is currently rated at 60 percent, the maximum schedular rating available. The Board finds that a higher rating is not warranted as his disability does not meet or approximate any of the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's low back disability was rated at 60 percent from February 14, 2012 to September 29, 2014. Since then, the rating has been returned to 40 percent.

The Veteran's left leg radiculopathy is rated at 10 percent since October 22, 2009 and denied for an increased rating. The Board found that the evidence does not support a finding of unemployability due to service-connected disabilities.

The Board has remanded the case for additional development, including obtaining hospital records from Fort Wainwright Military Medical Facility/Bassett Army Community Hospital or its predecessor during the Veteran's service period. The Veteran is also asked to provide any private treatment records concerning his low back dated since January 2013.

The Veteran's service-connected degenerative joint disease of the thoracic and lumbar spine is productive of complaints of pain, some limitation of motion, but not to a degree that warrants an evaluation in excess of 20 percent.

The Veteran's low back disability, including degenerative changes and lumbar radiculitis, is currently rated at 20 percent. He also has TDIU due to his service-connected disabilities.

The Board found that the Veteran's current lumbar spine disability is related to his in-service injury and granted service connection.

The Veteran's appeal is being remanded to obtain additional VA examination and records, as his service-connected lumbar arthritis with multi-level disc bulges may have worsened.