Back / lumbar spine decisions — 2017

The Veteran's claim for an extension of his temporary total rating based on surgical treatment necessitating convalescence following his service-connected back disability surgery was granted, effective March 27, 2014. The Board found that the Veteran did not recover from his surgery before June 30, 2014 and thus extended the rating to this date.

The Board has determined that the Veteran's service-connected conditions have not warranted an increased rating in any of the issues on appeal.

The Board denied the Veteran's claims for service connection for a back disorder, PTSD, and kidney stones. The evidence did not establish that these conditions were incurred or aggravated by military service.

The Veteran's sleep apnea is related to his service, and he was granted a 20% disability rating for his back disability prior to February 23, 2011. However, the Veteran did not meet the criteria for an increased rating beyond 40% thereafter.

The Veteran's claim for increased rating and service connection for various conditions related to his thoracolumbar spine, including a neurological disorder of the bilateral lower extremities, was granted. The Veteran also received separate ratings for bladder impairment and bowel impairment associated with his degenerative disc disease.

The Board has decided to remand the case for further examination and opinion regarding the etiology of any current back disability, including chronic pilonidal cyst. The claim will be reconsidered after this additional development.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective from March 6, 2009. The Board finds that his disability picture does not warrant a higher rating under any applicable diagnostic code.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's lumbosacral spine disorder.

The Board denied service connection for a right hip disability, low back disability, and an acquired psychiatric disorder as the Veteran did not provide credible evidence of in-service injuries or continuity of symptomatology.

The Board found that the Veteran's bilateral knee disorder did not meet the criteria for service connection due to lack of evidence showing a nexus between his in-service injury and current disability, as well as no chronicity of symptoms within one year post-service.

The Board has determined that additional development is needed to obtain VA treatment records, arrange for appropriate medical opinions and examinations, and otherwise ensure a complete record before proceeding with the adjudication of the Veteran's claims.

The Board has denied the Veteran's claims of service connection for a back disorder and right index finger disorder, finding that there is no evidence to support a nexus between these conditions and his military service.

The Veteran's low back disability warrants a combined staged rating of 80 percent, and his anxiety disorder warrants a 50 percent rating. SMC based on the need for aid and attendance is granted.

The Board has determined that the Veteran's service-connected disabilities, including Parkinson's disease and related conditions, necessitate the need for regular aid and attendance of another person prior to December 11, 2014.

The Board has remanded the case for additional development, including scheduling a hearing before a Veterans Law Judge at the RO (Travel Board hearing). The Veteran and his attorney must be provided proper notice of the hearing date, time, and location.

The Board has determined that the VA examination and medical opinions are inadequate, and thus a remand is necessary to obtain an adequate examination and medical opinions regarding the Veteran's low back and bilateral knee disorders.

The Board has determined that the Veteran's degenerative joint disease of the thoracic and lumbar spine did not have onset in service or within one year of service, and was not caused or aggravated by his active service, including spinal taps. Therefore, the claim for service connection is denied.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and affording the Veteran a new VA examination. The appeal is also inextricably intertwined with the TDIU claim.

The Veteran's service-connected thoracolumbar spine disability was rated at 10 percent prior to March 3, 2017 and increased to 20 percent thereafter. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula.

The Veteran's knee and ankle conditions have been rated based on their current functional limitations, with the right knee receiving a 10 percent rating for instability and the right ankle receiving a 10 percent rating. The ratings are considered appropriate given the Veteran's symptoms and physical findings.