Back / lumbar spine decisions — 2018

The Veteran's lumbar strain is currently rated as 40 percent disabling, effective April 24, 2008. He also experiences neurological impairment from the low back disability manifested by radiculopathy of the left lower extremity rated as 20 percent disabling since October 6, 2010, and radiculopathy of the right lower extremity rated as 10 percent disabling since April 24, 2008.,The Veteran's lumbar strain is currently rated as 40 percent disabling, effective April 24, 2008. He also experiences neurological impairment from the low back disability manifested by radiculopathy of the left lower extremity rated as 20 percent disabling since October 6, 2010.

The Board has granted the Veteran's claim for service connection for a back disability, finding that it is etiologically related to his service-connected bilateral knee disabilities.

The Veteran's low back disability was rated at 20 percent effective May 5, 2014. The rating is for the period after this date.

The Board has remanded the case for further development and rating decisions on the issues of higher ratings for myofascial pain syndrome, right knee disability, and TDIU.

The Board denied the Veteran's claims for service connection of a back disorder, right knee disorder, an acquired psychiatric disorder other than PTSD (diagnosed depression), and a sleep disorder. The claim for an initial rating in excess of 50 percent for PTSD was also denied.

The Board has determined that the Veteran's low back disability, right hand disability, and bilateral CTS were not incurred or aggravated by service. The claims for service connection are denied.

The Veteran's claim for higher ratings for his service-connected low back disability has been denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to January 16, 2013 and a rating in excess of 40 percent from January 16, 2013 to the present.

The Veteran's representative requested that the VA attempt to obtain medical records from Fort Dix, New Jersey. The case is being remanded for this purpose.

The Veteran withdrew his appeal regarding the increased rating for thoracolumbar spine, degenerative disc disease before the Board could make a decision.

The Board has determined that the Veteran does not have a current low back disability as a result of military service and therefore, denied her claim for service connection. The temporary total evaluation request due to her low back disability is also denied. She is also denied eligibility for VA outpatient dental treatment.

The Veteran's cervical spine disability is rated at 20 percent, but does not meet the criteria for a higher rating due to limited flexion.,For the period prior to April 22, 2008, and excluding the temporary 100% rating from April 22, 2008, to May 31, 2008, the Veteran's lumbar spine disability is rated at 10 percent. The criteria for a higher rating are not met.,The Veteran's headaches prior to July 13, 2017, do not meet the criteria for a compensable rating due to lack of characteristic prostrating attacks.,From July 13, 2017, the Veteran's headaches do not meet the criteria for a disability rating in excess of 30 percent due to severe economic inadaptability.,The Veteran does not meet the preliminary schedular requirements for a TDIU.

The Board has determined that a rating of 20 percent for the lumbosacral spine disability, as of May 9, 2008, but not earlier, is granted. The case is also referred to the Director of Compensation and Pension for consideration of TDIU.

The Board has determined that the Veteran's lumbar strain does not present an exceptional or unusual disability picture so as to render impractical the application of the regular schedular standards, and therefore, a higher rating is not warranted.

The Board has determined that a remand is necessary to obtain an addendum opinion from an appropriate physician, based on claims file review and supported by complete, clearly stated rationale.

The Veteran's service-connected disabilities, including chronic headaches and left upper extremity radiculopathy associated with cervical spine disease, prevent him from securing or maintaining substantially gainful employment.

The Board has determined that the Veteran's thoracolumbar spine disorder is service-connected due to its pre-existing nature and aggravation during service. The heart disorder claim was remanded, and the psychiatric disorder claim does not meet the criteria for service connection.

The Board has determined that the Veteran's current right ankle and low back disabilities were not shown during service or for many years thereafter, and are not related to his military service. Therefore, the claims for service connection have been denied.

The Veteran's service-connected degenerative joint disease of the lumbar spine and left lower extremity radiculopathy have been rated at 40 percent since December 28, 2004. The Board has granted a TDIU based on these conditions effective from December 28, 2004.

The Veteran's service-connected lumbar degenerative disk disease with anterolisthesis and right lower extremity radiculopathy have resulted in a need for regular aid and attendance of another person.

The Veteran's intervertebral disc syndrome is currently rated at 40 percent, but the Board finds that this rating adequately reflects his disability and does not warrant a higher evaluation.