Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to physical and mental impairments, which has been granted for special monthly compensation.

The Board has reopened the Veteran's claim for service connection for an acquired psychiatric disorder due to new and material evidence. The claims of service connection for other disabilities remain remanded for additional development.

The Board restored the Veteran's disability rating for his lumbar spine strain with mild degenerative changes from 10% to 20%, effective March 1, 2016. The evidence did not show sustained improvement in the Veteran’s ability to function under ordinary conditions of life and work.

The Board denied the Veteran's claim for service connection for a lumbosacral strain with mild degenerative arthritis, finding that there was no evidence of chronicity or continuity of symptomatology within one year after service and attributing the current condition to a motor vehicle accident several decades post-service.

The Board has remanded the Veteran's claims for increased ratings for his right knee, upper extremity radiculopathy, and osteoarthritis. The issues include a rating in excess of 10 percent for right knee limitation of flexion prior to March 2, 2017, and from March 2, 2017; compensable ratings for right and left upper extremity radiculopathy; and compensable ratings for right and left upper extremity disabilities. The Veteran's service-connected conditions include scars, osteoarthritis of the knee, degenerative disc disease at C4-C5 and C5-C6 levels, and neuritis of the infrapatellar cutaneous nerve.

The claim for service connection for chronic low back pain (claimed as degenerative thoracic spine) is granted on a direct basis, as the evidence does not establish an in-service injury or disease and continuity of symptomatology is not shown.

The Board has granted the Veteran's petitions to reopen his claims for service connection for right great toe disorder and lumbar spine disorder. The claims for residuals of a head injury, neuropathy of the bilateral upper extremities, hematuria, erectile dysfunction, right shoulder strain, and bilateral restless leg syndrome have been denied.

The Board has remanded the case for further examination and opinion regarding a right knee disability, as there is no current evidence of such a condition. The Veteran's claims for left shoulder, low back, and bilateral hearing loss disabilities are denied.

The Board has granted service connection for tinnitus and a 10 percent evaluation for a painful hernia scar. The remaining issues of service connection have been remanded due to the Veteran not submitting current treatment records.

The Veteran's lumbar strain, right knee strain with chondrosis, and left knee strain have all been rated at 10 percent since June 4, 2011.,None of the conditions meet criteria for a higher rating.

The Veteran's spouse is granted special monthly compensation (SMC) based on her need for aid and attendance due to multiple disabling conditions that require regular assistance from another person.

The Veteran's service-connected alcohol abuse is granted, as it is aggravated by his service connected major depressive disorder with anxiety disorder and chronic sleep impairment. The rating for major depressive disorder with anxiety disorder and chronic sleep impairment is increased to 70 percent from August 12, 2013.

The Board has remanded the claims for headaches, right shoulder disability, low back disability, and tonsillectomy due to insufficient evidence and need for additional examinations.

The Board denied the Veteran's claims of service connection for left shoulder, low back, and neck disorders due to lack of new and material evidence.

The Veteran's service-connected postoperative lumbar intervertebral disc syndrome is the primary cause of his surgical scar of the anterior trunk (abdomen). Service connection for this condition is granted effective from October 10, 2013.

The Board has granted service connection for the Veteran's back and neck disabilities, which had their onset during active duty for training (ACDUTRA). The left ankle disability is also considered to have its onset during ACDUTRA. However, the TDIU claim remains pending as it is inextricably intertwined with the left ankle claim.

The Board has granted service connection for a back disorder and secondary service connection for a left hip disorder as related to the back disorder. The decision also remanded several other issues.

The Board has remanded the Veteran's claims for increased ratings for cervical spine and bilateral hearing loss, as well as his claim for TDIU due to service-connected disabilities. The issues are pending further development including obtaining medical records and scheduling VA examinations.

The Board has remanded the claims for left wrist disability, arthritis of the lumbosacral spine, bilateral lower extremity radiculopathy, and TDIU due to increased severity of symptoms since the last examinations.

The Veteran withdrew his appeals on all issues related to service connection and disability ratings, including those for upper back disability, defective vision, PTSD, hearing loss, breathing problems, degenerative disc disease of the lumbar spine, loss of teeth, and tinea pedis.