Back / lumbar spine decisions — 2017

The Veteran's claims for increased ratings and effective dates have been withdrawn.,An effective date of June 3, 1972, but no earlier, has been granted for the grant of service connection for migraine headaches, a dizziness / balance disorder, and tinnitus.

The Veteran's claims for increased ratings and service connection are being remanded as new VA examinations are needed to evaluate the severity of his knee conditions and determine if they are secondary to a service-connected disability.,The Veteran's claims for increased ratings and service connection are being remanded as new VA examinations are needed to evaluate the severity of his right knee condition and determine if it is secondary to a service-connected disability.,The Veteran's claim for service connection for a low back disability, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for service connection for cervical spine degenerative disc disease, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for service connection for cervical radiculopathy of the right arm, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for TDIU is being deferred pending resolution of the above-mentioned claims.

The Board has remanded the case for additional development of medical records and further consideration.

The Veteran's lumbar spine disability is rated at 40% since May 17, 2013. His radiculopathy of the lower right and left extremities are each rated at 20%. The claim for SMC based on need for aid and attendance was granted.

The Veteran's claims for service connection for a neck and back condition and Raynaud's disease are being remanded due to the need for additional development, including obtaining medical records and verifying exposure to herbicide agents.

The Board has determined that the Veteran does not have a lumbar spine disability or bilateral hip disability etiologically linked to service. The Veteran's current conditions are attributed to post-service injuries and surgeries.

The Veteran's psychiatric disorder, diagnosed as depressive disorder, is related to service and granted. Service connection for a low back disorder and bilateral tinnitus are denied.

The Veteran's bilateral plantar fasciitis is found to be the result of his service-connected calcaneal heel spurs, and thus granted service connection on a secondary basis.

The Board has granted service connection for right knee osteoarthritis and degenerative disc disease of the lumbar spine, finding that these conditions are related to in-service injuries. The acquired psychiatric disorder is also found to be related to the Veteran's service-connected disabilities.

The Board has remanded the case to obtain an addendum opinion consistent with the Joint Motion for Partial Remand (JMR). The Veteran seeks service connection for a low back disability, which was denied in part. The remand requires clarification of whether the Veteran's knee disabilities aggravated his low back disability.

The Board has determined that the Veteran's chronic back disability, including facet arthropathy at L4-5 and L5-S1, bilaterally, and broad-based disc bulging, is service-connected. The initial ratings for left lower leg compartment syndrome and left knee disabilities are also granted.

The Board has granted the Veteran increased ratings for various service-connected conditions, including headaches with dizziness, degenerative arthritis of the cervical spine, and degenerative disc disease of the thoracolumbar spine. The Veteran's combined disability rating is now 100 percent.

The Veteran's right knee disability is currently rated as 10 percent disabling, with no higher rating possible under the applicable diagnostic codes.,For her lumbosacral spine disability, the current ratings are insufficient to reflect the severity of her condition. The Veteran has a combined range of motion less than 120 degrees and muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or kyphosis.,The Veteran's left lower extremity radiculopathy is rated at the maximum allowable under the applicable diagnostic codes.,Her right lower extremity radiculopathy also warrants a rating of 20 percent based on the severity of her symptoms and functional impairment.,For her headaches, the current ratings are insufficient to reflect the severity of her condition. The Veteran experiences characteristic prostrating attacks occurring on average once a month.

The Veteran's lumbar spine disability is related to service and has been granted. The issues of CUE in the September 1989, October 2007, and January 1992 rating decisions regarding hearing loss and knee disabilities are referred for further adjudication.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of this decision.

The Board has determined that the Veteran does not have a current disability manifested by symptoms of night sweats and fevers or weight loss distinct from his service-connected sarcoidosis. Therefore, he is denied service connection for these conditions.

The Board has remanded the case due to a scheduling error for a videoconference hearing. The Veteran's address was not updated, and she did not appear for her scheduled hearing.

The Veteran's appeal is being remanded to the AOJ for further development, including scheduling a Travel Board hearing in Houston, Texas.

The Veteran's disability rating meets schedular requirements for TDIU, but further evidentiary development is required to assess the extent of his service-connected disabilities' impact on his employability.

The Veteran's claim for service connection for a psychiatric disability, specifically bipolar II disorder, is granted. The Board finds that the evidence supports a finding of in-service onset and aggravation of this condition due to stressors during military service. Service connection for a back disability is denied as there is no current diagnosis or link to service.