Back / lumbar spine decisions — 2016

The Board finds the evidence in equipoise as to whether the Veteran requires regular aid and attendance of another due to his disabilities, including from his back disorder and left ankle fracture.

The Board has remanded the claims for additional development due to missing service treatment records, inadequate examination reports, and updated VA treatment records.

The Veteran's claim for increased ratings for residuals of lumbar injury and radiculopathy of the lower extremities has been granted. The Veteran is currently rated 10% for both right and left lower extremity radiculopathy, effective January 11, 2010.

The Board has remanded the case for further development and consideration, including obtaining additional medical opinions regarding the Veteran's low back disorder.

The Veteran's appeals for higher initial evaluations of his left shoulder disability and low back strain were denied. The claim for TDIU was also denied.

The Veteran's back disability is currently rated at 20 percent, and the Board finds that additional compensation for functional impairment warrants a higher rating to 30 percent.

The Veteran's service-connected disabilities do not render her unable to care for herself without requiring the regular aid and attendance of another person.

The Board has ordered a remand to obtain an updated VA examination and opinion regarding the Veteran's low back disorder, including whether it is related to service or preexisted service.

The Veteran is entitled to an effective date of December 12, 2012 for the award of TDIU due to service-connected PTSD and other disabilities. The Veteran's PTSD alone precludes her from securing or following a substantially gainful occupation.

The Veteran's right ankle strain and low back condition (including lumbosacral disc disease and lumbar degenerative joint disease) were incurred in service.

The Board found no evidence of a back disorder during service and insufficient credible evidence to link the current condition to service. The Veteran's statements regarding in-service injuries are not credible due to inconsistencies with other evidence.

The Veteran's appeal is being REMANDED for additional development, including a new VA examination and the securing of all relevant medical records. The issues of entitlement to SMC and TDIU are also remanded.

The Veteran sought TDIU based on his service-connected low back disability and depression. The September 1981 rating decision denied the claim, finding that the objective findings did not warrant an increase in the 20 percent rating for lumbosacral strain and that the schedular requirements for a TDIU were not met.

The Veteran's DDD of the lumbar spine was rated at 10 percent prior to May 11, 2011 and increased to 40 percent thereafter. Effective from July 13, 2012, a separate rating of 20 percent for left lower extremity radiculopathy is granted.

The Veteran's claims for service connection for left knee disorder, low back disorder, right knee disorder, neck disorder, right shoulder disorder, left shoulder disorder, and right elbow disorder have been reopened. The claim of service connection for a left knee disorder is granted.,Service connection has also been granted for the Veteran's low back disorder.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent since September 6, 2012. Prior to this date, his disability was rated as 10 percent.

The Veteran's current left knee, right knee, left hip, and low back disabilities are being remanded for further examination to determine if they are caused or aggravated by his service-connected residuals of a tibia and fibula fracture.

The Veteran's claims are being remanded for additional development, including obtaining medical records and conducting VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claim for service connection for bilateral hammertoes was granted with an effective date of April 11, 2010. His PTSD remains at a maximum evaluation of 30 percent.

The Veteran's claim for service connection for idiopathic microhematuria was denied as it is a laboratory finding and not a disability. The Board found that the Veteran did not have a current disability for which service connection may be granted.