Back / lumbar spine decisions — 2017

The Board has remanded the case due to scheduling issues and will schedule a videoconference hearing at El Paso, Texas. The Veteran's claim for service connection remains pending.

The Veteran's right shoulder disability was granted a 10 percent rating prior to January 13, 2012 and a 30 percent rating beginning March 1, 2013.,For the thoracolumbar spine, the Veteran received a 20 percent rating prior to January 31, 2011 and a 20 percent rating thereafter. The TDIU claim was denied.

The Board found that the Veteran's low back disorder and left lower extremity neurological disorder are not related to service, with no presumption or secondary service connection established.

The Veteran's service-connected disabilities, including degenerative joint disease of the lumbosacral spine and radiculopathy in both lower extremities, preclude locomotion without the aid of a cane. The Board finds that this meets the criteria for specially adapted housing.

The Board has determined that new and material evidence has been submitted to reopen the claims for low back disability and bilateral hearing loss disability, but service connection cannot be granted as there is no medical evidence linking these conditions to service. The claim for tinnitus remains denied due to lack of a nexus between the condition and service.

The Board finds that the issues of whether severance of service connection for PTSD was proper, and entitlement to service connection for various disabilities are currently before it as they are inextricably intertwined with the appellate issues of the effective date for the award of service connection for PTSD and the initial rating assigned for PTSD. The Veteran's period of honorable active service has already been finally adjudicated.

The Veteran's degenerative arthritis of the lumbar spine has been rated at 40 percent since September 23, 2002. The claim for an increased rating is granted as of March 30, 2010 to June 2, 2011.

The Board has granted service connection for the Veteran's lumbar spine degenerative disc disease and denied service connection for his right shoulder disability. The temporary total rating based on surgical or other treatment necessitating convalescence following the lumbar spine surgery is granted from February 1, 2012 to December 1, 2012.

The Board has remanded the case for additional development, including obtaining a complete record of treatment from the VA facility in Miami and scheduling the Veteran for VA examinations to assess his left knee disorder, right ear hearing loss, and left ankle disability. The claims will be readjudicated after these actions.

The Veteran's claim for a higher rating for his cervical spine disability is being remanded due to the need for additional examination and testing.

The Board has remanded the case for additional development due to incomplete examination reports and other issues.

The Board found that the May 2011 rating decision awarding SMC based on need for aid and attendance was CUE due to incorrect application of law, as the Veteran's need for aid and attendance was caused by nonservice-connected cervical spondylosis with myelopathy status post cervical decompression and fusion and congenital stenosis of the lumbar spine. The June 2014 rating decision on appeal severed SMC based on this finding.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations and opinions. The issues include erectile dysfunction, low back disorder secondary to bilateral knee disabilities, and adjustment disorder with depression.

The Board has determined that the Veteran does not have a current lumbar spine disability related to his active military service and therefore denied his claim for service connection.

The Board has denied the Veteran's claim for a rating in excess of 20 percent for his service-connected lumbosacral strain with osteoarthritic changes.

The Board has determined that additional development is needed before the claims on appeal can be decided, and has therefore remanded the case to the AOJ for further action.

The Board granted an increased rating of 20 percent for the Veteran's cervical spine degenerative disc disease, effective March 25, 2011. The claim was remanded due to a need for additional examination and is now back before the Board.

The Board has determined that additional development is needed for the issues of bilateral hearing loss, varicose veins of the bilateral lower extremities, left lower extremity blood clots, and other service connection claims. The Veteran will be scheduled for a VA examination to address these matters.

The Veteran's service-connected back disability, combined with other disabilities, rendered him unable to secure or maintain substantially gainful employment from May 1, 1999 to September 25, 2003. The Board granted a TDIU on an extraschedular basis for this period.

The Board has not determined whether new and material evidence was received to reopen the Veteran's claims for service connection for a back disorder and left ear hearing loss. The claims were previously denied in 1985 and 1997, respectively, and are considered final.