Back / lumbar spine Board decisions

Effective October 13, 2015, the Veteran's lumbar disability, bilateral lower extremity radiculopathy (sciatic nerve), bilateral lower extremity radiculopathy (femoral nerve), impairment of rectal sphincter control, and urinary incontinence have been granted.

The Veteran withdrew his appeals for the issues concerning increased ratings for his lumbar spine, left knee, and right knee disabilities. The appeals are therefore dismissed.

The Veteran's increased ratings for left and right lower extremity radiculopathy of the sciatic nerve have been denied.,The Veteran has also had her TDIU granted, but an increased rating for DDD of the lumbar spine remains pending.

The Veteran's PTSD is rated at 50 percent, and his low back disability is rated at 40 percent. The other conditions are not granted initial ratings.

The Veteran's initial compensable rating for lumbar spine scar is denied. The Veteran's claims for increased ratings and TDIU are all denied.

The Board has determined that the Veteran's low back disability, including IVDS, status post lumbar laminectomy and lumbosacral arthrodesis, had its onset during service and is related to service. The same applies to her left and right lower extremity radiculopathy as secondary to a low back disability. Service connection for adjustment disorder with mixed anxiety and depressed mood has also been granted.

The Board has granted service connection for an acquired psychiatric disorder as secondary to the Veteran's service-connected disabilities, including migraine headaches, back disability and fibromyalgia. The rating for her back disability remains at 40 percent.

An effective date of November 13, 2013, but no earlier, for a 40 percent rating for back disability and an effective date of October 27, 2015, but no earlier, for a 70 percent rating for PTSD are granted.

The Veteran's claim for an initial rating in excess of 20 percent for left lower extremity radiculopathy is denied.,The Veteran's claims for effective dates prior to August 29, 2013 for the grant of service connection for degenerative arthritis of the thoracolumbar spine and migraine headaches are both denied.,Both back disability and migraine headache claims have been remanded due to inadequate examination reports.

The Board has decided to remand the case due to an inadequate medical opinion regarding the nature and etiology of the Veteran's lumbosacral strain. The Veteran is seeking service connection for this condition.

The Veteran's low back disability is currently rated at 10 percent, but the evidence does not support a higher rating due to limited range of motion.,The Veteran's right thigh and left thigh disabilities are both rated at 10 percent. The evidence does not support a higher rating for either condition.,The Veteran's left thigh disability is currently rated at 10 percent, but the evidence supports an increased rating to 10 percent.,The Veteran's right hip disability is currently rated at 0 percent and there is no evidence of entitlement to a compensable rating.,The Veteran's left hip disability is currently rated at 0 percent and there is no evidence of entitlement to a compensable rating.

The Veteran's claim for total disability due to individual unemployability on an extraschedular basis is remanded. The Board finds there is sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of service-connected disabilities, and therefore referral of the claim to the Director, Compensation Service for consideration for TDIU is warranted.

The Veteran's service connection claims for cervical spine DDD and related radiculopathy have been granted. The Board found that the Veteran's current cervical spine condition is related to her active service, including a fall while skiing in February 1984.

The Board has granted service connection for the Veteran's lower back condition and right shoulder condition, finding that there is at least an equipoise of evidence to support these claims. The Veteran's current conditions are believed to have originated during his military service.

The Veteran's headaches are rated at a maximum of 50 percent, effective August 12, 2019. The Veteran also has other service-connected conditions that have led to a combined schedular rating of 100%.

The Board has found that the Veteran's low back disability is related to his service, but the claim for photophobia must be remanded due to inadequate opinion regarding its onset and potential exposure basis.

The Veteran's claims for service connection for an acquired psychiatric disability and a back disability were denied due to lack of new relevant evidence. The Board found that the Veteran did not provide any new evidence that could prove or disprove their claim, and thus, the claims are denied.

The Board has remanded the Veteran's claims for service connection due to errors in pre-decisional duty to assist, including a lack of VA examination and opinion regarding TMJ disorder and thoracolumbar spine disorder.

The Board has determined that the Veteran's back disability and right lower extremity radiculopathy were properly severed from service connection, as there was clear and unmistakable error in granting these conditions. The appeal is denied.

The Veteran's claim for service connection for right ear hearing loss was denied because there is no current diagnosis of hearing loss. The Board found that the Veteran does not have a current disability and thus, service connection cannot be established. The lumbar spine disability issue is remanded due to a duty-to-assist error.