Back / lumbar spine decisions — 2018

The Veteran's multilevel DDD is currently rated at 20 percent, the highest available rating under DCs 5010-5243.

The Board has remanded the Veteran's claim for a lower back condition due to new evidence and an examination is needed. The initial rating claim for left ear hearing loss remains pending.

The Veteran's appeal for an earlier effective date for the grant of service connection for lumbar strain with degenerative changes L5-S1 with spondylitic spondylolisthesis was denied. The Board found that November 23, 2009 is the earliest possible effective date under applicable laws and regulations.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his service-connected lumbar spine disability, including any associated neurological impairments. The examiner should describe all symptomatology due to the Veteran's service-connected lumbar spine disability and record the results of range of motion on active and passive motion, in weight bearing and non-weight-bearing.

The Veteran's chronic lumbosacral strain has been rated at 20 percent since July 29, 2013. Prior to that date, the disability was rated as noncompensable.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are related to his active service, while a low back disorder is not. The Veteran's low back disability was not shown in service or within one year of separation, and there is no evidence of continuity of symptomatology since service.

The Veteran's claims for service connection are being remanded to obtain additional medical opinions regarding the relationship between his service-connected knee disabilities and his claimed low back disorder and psychiatric disorder. The TDIU claim is also affected by these issues.

The Board has remanded the case for additional development due to incomplete records and need for further medical opinions.

The Board found no basis for a higher initial rating for the service-connected bilateral hearing loss prior to February 22, 2016 and denied an increased rating thereafter. The Veteran's lumbosacral strain was rated as 10 percent disabling based on forward flexion of the thoracolumbar spine to 45 degrees.

The Board has determined that the Veteran's low back disability is related to his in-service injury and finds reasonable doubt in favor of the claim, granting service connection for a low back disability.

The Board has determined that the Veteran does not have a current low back or right hip condition and therefore, service connection for these conditions is denied.

The Veteran's claims for service connection were denied. The Board found that the evidence did not raise a reasonable possibility of substantiating the claims.

The Board has determined that the Veteran's low back disorder did not have its onset during or is otherwise attributable to his active service, and arthritis did not manifest within one year of separation. Therefore, the claim for service connection for a low back disorder is denied.

The Board denied initial disability ratings in excess of 10 percent for the Veteran's right and left knee disabilities, finding that the evidence did not meet the criteria for higher ratings based on limitation of motion or instability.

The Veteran's DDD of the lumbar spine is rated at 40 percent, effective May 15, 2005. The Board found that he meets the criteria for a TDIU on an extraschedular basis.

The Board has reopened the Veteran's claims for service connection for left knee condition and degenerative disc disease of the lumbar spine, but denied reopening of his claim for service connection for left knee strain and degenerative disc disease of the lumbar spine. The rating for right knee disability remains unchanged.

The Board denied the Veteran's claims for service connection for sleep apnea and increased ratings for cervical spine disability, lumbar spine disability, and radiculopathy of the left lower extremity. The evidence did not support a current diagnosis of sleep apnea or establish that any of these conditions were incurred in or aggravated by service.

The Veteran's service-connected lumbar spine degenerative disc disease does not meet the criteria for a higher disability rating.,Effective March 22, 2013, the Veteran is granted TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, nor does he need regular aid and attendance of another person.

The Veteran's hypertension, cervical spine disability, lumbar spondylolisthesis and degenerative disc disease, and right shoulder replacement (dominant) are all rated at their maximum possible evaluations under the applicable diagnostic codes.,The Veteran is not entitled to special monthly compensation based on the need for aid and attendance of another prior to January 1, 2013 or beginning March 1, 2014.