Back / lumbar spine decisions — 2016

The Board has reopened the claim for service connection for a back disability and remanded the case to obtain additional development. The right foot disability issue remains pending.

The Veteran's PTSD is currently rated at 10 percent and the RO has granted service connection for this condition. The Veteran also received a higher rating of 50 percent for his PTSD from August 26, 2015.

The Board has determined that the Veteran's service-connected cervical spine osteoarthritis and degenerative disc and spondylosis of the thoracic spine do not warrant a rating in excess of 20 percent. However, due to his combined disability rating of 90 percent and the severity of his service-connected disabilities, including obstructive sleep apnea, right wrist carpal tunnel syndrome, hypertension, and tinnitus, the Board has granted TDIU.

The Board found no evidence linking the Veteran's current back disabilities to his service, including a thoracic spine injury in 1973. The VA examiner opined that any present cervical and lumbar spine conditions are more likely due to acute soft tissue injuries rather than chronic residuals of the 1973 injury.

The Veteran's low back disability has been rated at 10 percent since the grant of service connection, and there is no evidence showing that his condition warrants a higher rating.

The Board has remanded the case for additional development, including a VA examination to determine the etiology of any diagnosed bilateral hip and back disabilities.

The Veteran's claims for higher evaluations of his service-connected lumbar spine disability and left hip condition were denied. The VA found that the evidence did not meet the criteria for any of the requested increased ratings.

The Veteran's thoracolumbar spine disability was initially rated at 20 percent prior to June 12, 2012. Since then, the rating has been increased to 30 percent effective June 12, 2012.,A separate 10 percent rating is granted for marked interference with employment since February 27, 2013.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his cervical spine disability and consideration of his claim for TDIU.

The Veteran's service-connected spondylosis of the lumbar spine was rated at 20 percent prior to January 30, 2012. The claim for a TDIU was granted.

The Veteran's service connection for thoracolumbar strain was granted with a 10% rating from April 1, 2003 to August 12, 2008. From August 13, 2008 onwards, the claim for an increased evaluation was denied.

The Board has determined that the Veteran's cervical spine, left shoulder, thoracolumbar spine, and left hip disabilities are not service-connected as they have not been shown to be causally related to his military service.

The Board denied an evaluation in excess of 20 percent for cervical degenerative disc disease and service connection for throat cancer, claimed as due to exposure to Agent Orange.

The Veteran's appeals for higher initial disability ratings were denied. The VA examinations and medical records did not support the requested increased ratings.

The Board has remanded the case for additional development due to incomplete examination reports and conflicting evidence of record.

The Veteran's lumbosacral strain is rated at 20 percent, and his neurological manifestations of the left and right lower extremities are each rated at 10 percent. The Board finds that these ratings adequately reflect the severity of the Veteran's disabilities.

The Veteran's lumbar spine disability and associated radiculopathy have been granted increased ratings, with the right lower extremity radiculopathy receiving a separate rating.

The Veteran's lumbar spine disability is service-connected, and he is entitled to a rating of 30 percent for his radiculopathy of the right upper radicular group since May 18, 2012. His right shoulder disability is also service-connected, with a current rating of 30 percent effective from August 12, 2015.

The Board has remanded the Veteran's claims for service connection for left shoulder and low back disabilities due to incomplete records of his service medical history. The Veteran will be afforded a VA examination to determine the etiology of any current disorders.

The Veteran's chronic orthopedic manifestations of service-connected thoracolumbar spine disability resulted in forward flexion of no worse than 75 degrees, reduced to 60 degrees with repetitive motion testing. The criteria for a rating in excess of 20 percent have not been met for the period beginning April 24, 2007 to October 25, 2015.