Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities, including PTSD and interstitial lung disease, have rendered him in need of regular aid and attendance. The Board has granted a higher level of special monthly compensation based on this need.

The Veteran's lumbosacral strain is currently rated at 40 percent from January 12, 2015. The appeal for a higher rating remains pending and requires further examination to assess the extent of his disability.

The Board has remanded the cases due to the need for a VA examination to determine if any identified back and right hip disorders are related to service.

The Board has granted service connection for a lumbar spine disability and tinea pedis with onychomycosis, finding that the Veteran's current conditions are at least as likely as not related to his military service. The temporary total evaluation based on need for convalescence due to right ankle strain is denied.

The Veteran's PTSD and lumbar spine disability have been granted increased ratings, a TDIU has been awarded since November 16, 2014, and SMC at the housebound rate has also been granted.

The Veteran's appeal to have an earlier effective date for the grant of service connection for degenerative disc disease is dismissed.

The Board has remanded several issues related to the Veteran's service connection claims, including for a bilateral shoulder disability, lumbar spine disability, cervical spine disability, basal cell skin cancer, and acquired psychiatric disorder. The case is being returned to the AOJ for further development.

The Board has remanded the Veteran's claims for increased ratings for lumbar degenerative disk disease, vascular headaches and sinusitis, and TDIU due to inadequate examinations in previous rating decisions.

The Board has remanded the claims for service connection due to missing service treatment records and requests for additional information from the Veteran.

The Board denied service connection for right ankle/foot disability, lumbar degenerative joint disease, and related issues due to lack of evidence linking these conditions to service.,Service connection was also denied for left lower extremity neuropathy with obturator nerve involvement as there is no direct evidence or link between the condition and service.

The Board has reopened the claims for service connection for a low back disorder, an acquired psychiatric disorder (PTSD), and a headache disability. The claim for bilateral hearing loss is denied as there is no evidence of a current disability meeting VA criteria.

The Board has granted service connection for left shoulder arthritis with impingement syndrome and degenerative joint disease of lumbar spine, status post thoracolumbar spine fracture. Service connection was denied for sleep apnea.

The Board denied an increased initial disability rating for degenerative arthritis of the lumbar spine with DDD, finding that the Veteran's condition did not meet or approximate the criteria for a higher rating due to limitations in range of motion and functional loss.

The Veteran's claims for service connection and increased disability ratings have been denied. The appeal is remanded for further development.

The Veteran's lumbar spine DJD with mild levoscoliosis and strain did not meet the criteria for a higher disability rating as it did not result in forward flexion to 60 degrees or less, combined range of motion of the thoracolumbar spine being 120 degrees or less, or muscle spasms or guarding resulting in an abnormal gait or contour.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current condition is related to an in-service injury and granting the benefit of doubt.

The Veteran's appeals for increased ratings were denied. The Board found that the evidence did not support higher ratings for tinnitus, back disability, bilateral pes planus, allergic rhinitis, migraines, right knee patellofemoral syndrome, left knee patellofemoral syndrome, and degenerative changes of the right shoulder.

The Veteran's claims for effective dates earlier than January 8, 2013 for service connection and increased ratings have been denied.,Effective from December 27, 2012, the Veteran received increased ratings for post-operative laparotomy scar and a neck scar (characterized as residual scar of the head, face, or neck).

The Board has granted an initial rating of 60 percent for genital herpes simplex with condylomata acuminate, the highest available under the applicable diagnostic code. The Veteran's use of acyclovir and valvacyclovir to manage his herpes outbreaks is considered a systemic therapy that requires constant or near-constant treatment.

The Board denied service connection for low back disability and peripheral neuropathy of the right lower extremity as there was no evidence showing these conditions were incurred or aggravated by military service.