Back / lumbar spine decisions — 2019

The Veteran's lumbar strain is rated at 40 percent, effective January 31, 2019. The rating for PTSD was increased to 100 percent effective March 20, 2015. The ratings for radiculopathy of the left and right lower extremities were restored from zero percent to 10 percent each, effective April 1, 2013.

The Board has determined that there are outstanding records and the VA examination is inadequate. The Veteran's claims for defective hearing, low back disability, acquired psychiatric disorder (claimed as alcoholism and drug abuse), neck disability, and bilateral hip disability are remanded.

The Veteran's claim for a VA annual clothing allowance for the year 2016 due to use of back and wrist braces is denied as her fabric-covered braces do not cause irreparable damage to her outer clothing.

The Veteran's death did not result in any additional accrued benefits beyond the $7,954.00 awarded due to his increased disability ratings.

The Veteran's claim for service connection for neck injury to include arthritis was denied due to lack of new and material evidence. The claim for increased rating for lumbosacral strain is partially granted with a 40% rating effective February 23, 2015.

The Board has remanded the cases for further development and to obtain an addendum opinion from a VA examiner regarding the Veteran's service connection claims.

The Board has determined that the Veteran's service connection claims for arthralgia of the right and left shoulders, as well as his low back disorder, are remanded due to insufficient evidence or procedural issues.

The Board has remanded the case due to insufficient evidence regarding the Veteran's low back disorder, including its onset and etiology. The Veteran is required to undergo a VA examination to determine if his current low back disorders are related to service.

The Board has decided to remand the Veteran's claim for an initial rating in excess of 10 percent for lumbosacral strain and lower back condition due to a lack of recent VA examination, which may have missed changes in his symptoms.

The Board has reopened the Veteran's claim for service connection for migraine headaches and granted his claims for service connection for lumbar spine degenerative arthritis and right lower extremity radiculopathy. However, the effective dates for these grants are denied as they are without legal merit. The remaining issues of increased ratings for lumbar spine and right lower extremity radiculopathy are remanded for further development.

The Veteran's tinnitus is granted as service connected. The Board has also remanded the issues of systemic joint, thoracolumbar spine, cervical spine, bilateral knee, bilateral ankle, peripheral vestibular, scars, hypertension, and migraine headaches disabilities, as well as acquired psychiatric disability (to include PTSD).

The Board dismissed the Veteran's claim for an earlier effective date for lumbar strain as there was no justiciable case or controversy.

The claims to reopen the issues of service connection for various disabilities, including right ankle arthritis, back disability, bilateral lower extremity pain and swelling, left foot drop/abnormal gait, cervical spine/neck disability, residuals of a tibia fracture, right ear hearing loss, allergic condition, asthma, dermatitis (swelling of the groin area), and acquired psychiatric disability (PTSD) are granted. Service connection is established for these conditions based on their direct relationship to service.

The Board denied the Veteran's claims for service connection for low back and cervical spine disabilities, finding that there was no evidence of a chronic condition in service or within one year after separation from service.

The Board has denied service connection for an acquired psychiatric/substance abuse disorder, right foot disorder, left foot disorder, right knee disorder, left knee disorder, low back disorder, hearing loss, and tinnitus. The Veteran's conditions are not related to his military service.

The Veteran's service-connected plantar fasciitis of the right foot and left foot were initially rated as noncompensable prior to February 11, 2017. From that date, a disability rating of 20 percent was granted for each foot.,Prior to February 11, 2017, the Veteran's service-connected thoracolumbar spine disorder did not meet the criteria for an initial compensable disability rating. However, from February 11, 2017, a disability rating of 20 percent was granted.

The Board has remanded several issues for further development, including a VA examination to assess the severity of the Veteran's lumbar scar and radiculopathy. The effective date for service connection remains April 17, 2009.

The Veteran's low back condition characterized as degenerative disc disease of the lumbosacral spine with IVDS is currently rated at 20 percent, and a higher rating is not warranted.,The Veteran's left lower radiculopathy of the sciatic nerve is currently rated at 10 percent, and a higher rating is warranted.

The Board has remanded the issues of service connection for right knee replacement and pain and numbness in buttocks due to secondary service-connected conditions.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded as it is inextricably intertwined with his pending claims for increased ratings and entitlement to service connection. The case will be referred to the Director, Compensation Service for extraschedular consideration of a total disability rating based on individual unemployability.