Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment prior to January 20, 2010.

The Board has found that the Veteran's low back disability, diagnosed as degenerative disc disease, is related to service and grants service connection for this condition. The right and left knee disabilities are remanded for further examination.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the right lower extremity is rated at 10 percent. Both conditions are currently assigned the highest possible rating under their respective diagnostic codes.

The Veteran's sinusitis is rated at a maximum of 50 percent since January 11, 2006. The Veteran's migraines are currently rated at 30 percent and do not meet the criteria for a higher rating. The Veteran's degenerative arthritis of the lumbar spine, patellofemoral pain syndrome (right knee), patellofemoral pain syndrome (left knee), major depressive disorder, hallux valgus of the feet, and irritable bowel syndrome are all rated at their maximum schedular ratings.

The Veteran's low back disorder is rated at 40 percent since January 21, 2015. The appeal for higher ratings prior to that date was denied.

The Veteran's tremors are found to be secondary to his service-connected bipolar disorder. His lumbar spine disability is currently rated at 20 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's cervical spine disability, prior to January 23, 2008, did not meet the criteria for a rating in excess of 20 percent. From January 23, 2008, it did not meet the criteria for a rating in excess of 30 percent.

The Veteran's claim for service connection for sleep problems, hypersomnolence, low back disability, neck disability, and initial evaluation in excess of 50 percent for mood disorder NOS prior to May 26, 2013 was granted. The rating assigned is 50%.

The Board has remanded the case for additional development, including obtaining service records and arranging for medical examinations to address the Veteran's claims of service connection for various disabilities. The issues include reopening a claim for low back disability, as well as claims for right foot, ankle, knee, and heart disabilities.

The Board denied an increased evaluation for the Veteran's low back disability, finding that the evidence did not meet the criteria for a higher rating.

The Veteran's right lower radiculopathy was reduced from 10 percent to noncompensable effective February 11, 2009. The Board restored the original rating of 10 percent.,The Veteran is not entitled to a TDIU rating as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's appeal is being remanded for further development of his TDIU claim and for an examination of his back disability. The issues are related as they both involve service-connected disabilities.

The Board has determined that the Veteran's low back disorder, including lumbar spondylosis, lumbar myofascitis and degenerative arthritis of the spine, is related to service. The decision grants service connection for these conditions.

The Board has determined that the Veteran's TBI is related to his in-service parachute accident, and service connection for this condition is granted. Other issues on appeal are remanded.

The Veteran's hypertension has been granted service connection. For the initial rating period from February 13, 2008 forward, a higher disability rating of 30 percent for left shoulder disability and a higher disability rating of 50 percent for depression have also been granted.

The Board has determined that the Veteran's migraine headaches and low back degenerative disease were not incurred or aggravated by service, and are not related to any service-connected disability.

The Veteran's back disability was rated at 20 percent prior to July 23, 2012. From July 23, 2012 through February 27, 2014, the rating was increased to 40 percent. Since then, no higher ratings have been granted.

The Veteran's claim for a higher initial rating for joint pain as due to an undiagnosed illness is being remanded for additional development, including a new VA examination and consideration of private treatment records.

The Veteran's service-connected conditions have been found to be related to his period of active duty, and he is entitled to service connection for these disorders.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the current severity of his service-connected lumbosacral spine intervertebral disc syndrome with degenerative changes and right ankle degenerative arthritis.