Back / lumbar spine decisions — 2018

The Veteran's appeal concerning the initial compensable disability rating prior to October 12, 2010 and a disability rating greater than 30 percent beginning October 12, 2010 for restrictive airway disease has been dismissed. The Board also remanded several other issues related to service connection and disability ratings.

The Board has granted service connection for a lumbar spine disorder, finding that the Veteran's back pain during service was the beginning of his current condition.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional records, consideration of extraschedular criteria, and potential referral to VA’s Director of Compensation Service.

The Veteran's claim for an effective date prior to November 2, 2010 for the grant of service connection for PTSD was denied. The Board found that the decision became final due to lack of appeal within a year after it was issued in December 2008. The Veteran did not file another claim until November 2, 2010 when he petitioned to reopen his PTSD claim, which resulted in its grant with an effective date set at November 2, 2010.

The Veteran's low back strain is denied as not meeting the criteria for a higher evaluation.,A 10 percent evaluation was granted for scar, dorsal aspect of the left big toe prior to May 11, 2016. From May 11, 2016, through July 18, 2016, and from July 19, 2016, a 20 percent evaluation was granted.,From July 19, 2016, the Veteran's scar is rated at 10 percent.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the etiology of the Veteran's low back, bilateral knee and left ankle disorders. The Veteran is also seeking service connection for a left foot disorder, but no in-service injury or event related to this condition was identified.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a left eye disorder. The Veteran's low back disorder is also remanded for further examination and opinion. Other claims are referred to the RO.

The claim for service connection of a low back disability has been reopened and is being remanded due to the need for additional medical examination. The claim for service connection of a cervical spine disability is also being remanded.

The Veteran's initial ratings for degenerative disc disease of the lumbar spine and migraine headaches associated with cervical spine disability are denied as they do not meet the criteria for a higher rating.

The Board has remanded the claims of entitlement to service connection for a back disability, right leg radiculopathy, and right eye blindness due to insufficient evidence. The Veteran's current diagnoses include degenerative arthritis and osteoporosis of his spine with associated right lower extremity radiculopathy and neurogenic claudication, and blindness in his right eye. He contends that these conditions are related to an injury he sustained during service. A VA examination is needed to determine if the current disabilities had their clinical onset during service or are otherwise related to any incident in service.

The Board denied service connection for lumbar spine degenerative disc disease, bilateral hearing loss disability, and tinnitus. The evidence did not support a finding that these conditions began in or were related to service.

The Veteran's claim for a higher rating for his low back strain prior to July 26, 2016 was denied as the evidence did not show that his disability more closely approximated the criteria for a 20 percent rating. From July 26, 2016 onwards, he received a 20 percent rating based on forward flexion of 50 degrees and no additional limitations after repetitive use.

The Board has remanded two issues: the initial rating for degenerative lumbar disc disease and the TDIU claim. The Veteran's treatment records, Social Security Administration (SSA) records, and vocational rehabilitation records are needed to support these claims.

The Board has decided that additional evidence should be considered to determine if the Veteran's claims for service connection are valid, as some of his conditions were not properly addressed in previous decisions.

The Veteran's lumbar strain disability is currently rated at 20 percent, which adequately reflects the severity of his condition based on the evidence provided. The Board found that a higher rating was not warranted as the lumbar spine did not demonstrate forward flexion to less than 30 degrees or favorable ankylosis.

The Veteran's GERD is not service-connected.,Prior to October 25, 2016, the Veteran's lumbar disability was rated at 20 percent and denied an increased rating.,Effective from August 26, 2009, for right lower extremity radiculopathy.,The Veteran's right lower extremity radiculopathy is currently rated at 20 percent.

The Board has reopened the claim of service connection for low back strain and remanded the issues of service connection for a left knee disorder, radiculopathy of the left lower extremity, and IVDS. The Veteran is also in receipt of Social Security Administration disability benefits but his SSA records have not been associated with the file.

The Veteran's bilateral hearing loss, bilateral flat feet, and lumbar spine degenerative joint disease are all granted as service connected.

The Board has determined that the Veteran's current low back disability is at least as likely as not related to his in-service back injuries, and therefore grants service connection for a low back disability.

The Veteran's PTSD was increased to a 70% rating effective September 29, 2011. The Board granted an earlier effective date of October 2, 2012 for the TDIU and DEA benefits.