Back / lumbar spine Board decisions

The Board has remanded the claim for additional development due to concerns about the severity of the Veteran's low back muscle strain and its impact on his daily activities.

The Board has remanded the case for further development, including obtaining VA medical records and conducting additional examinations to assess the severity of the Veteran's cervical spine, lumbar spine, left knee, and right knee disabilities.

The Veteran's lumbar/low back strain disability has not been productive of forward flexion of 30 degrees or less at any time during the appeal period, and therefore an initial disability rating higher than 20 percent is denied.

The Veteran's appeal for higher ratings of special monthly compensation (SMC) under 38 U.S.C. § 1114(r)(1) and/or 38 U.S.C. § 1114(r)(2) was denied as he does not meet the criteria for SMC based on his service-connected conditions.

The Veteran's lumbar spine disability has increased in severity since the last VA examination, and a new examination is needed to assess its current level of impairment.

The Board found that new and material evidence has not been submitted to reopen claims for service connection of an acquired psychiatric disorder, a cardiac disability, or a back condition. The Veteran's claims were previously denied due to lack of in-service occurrence and no current diagnosis.

The Veteran's right knee osteoarthritis changes status post arthroscopic repair is rated at 10 percent, and the Veteran has a separate evaluation of 10 percent for right knee instability. The Veteran’s tinnitus is currently evaluated as 10 percent disabling.,For his cervical spine conditions, the Veteran has been granted evaluations in excess of 20 percent from February 5, 2015. His lumbar spine condition remains at a 20 percent evaluation prior to February 5, 2015 and is rated as 40 percent disabling after that date.,The Veteran's progressive muscle atrophy associated with spondylosis with degenerative disc disease of the lumbar spine has been remanded for further review. His sleep apnea remains at a 50 percent evaluation, and his radiculopathy conditions have also been remanded.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of an in-service injury or disease related to his current condition and that any degenerative arthritis and disc disease did not manifest within one year of separation from service.

The Veteran's claim for service connection for tinnitus is granted. The initial rating of 20 percent for lumbosacral strain prior to May 23, 2017 is granted. A separate rating of 10 percent for associated LLE radiculopathy prior to June 13, 2013 and a higher rating of 20 percent from June 13, 2013 to May 23, 2017 is denied. The Veteran's claim for PTSD is granted with a rating of 50 percent effective before May 23, 2017. The Veteran's claim for TDIU prior to June 13, 2014 is granted.

The Veteran's claim for a higher initial rating for his service-connected cervical spine disability is being remanded due to the need for additional examination and testing. The Veteran has not appealed any other issues.

The Board has decided to remand the Veteran's claims for service connection for left shoulder, low back, neck, and residuals of a left-side rib injury disorders due to inadequate medical opinions in previous VA examinations.

The Veteran's claim for service connection for irritable bowel syndrome, gastroesophageal reflux disease (GERD), and restless leg syndrome was withdrawn. The Board granted service connection for sleep apnea as secondary to service-connected deviated nasal septum and allergic rhinitis with sinusitis. A 40 percent disability rating is granted for degenerative disc disease of the lumbar spine from March 8, 2013.

Service connection for PTSD has been granted.,An initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine and a separate 10 percent rating for right knee instability have been granted.

The Veteran's claim for service connection for headaches has been reopened, but the Board is unable to determine if the new evidence establishes a current disability or relates it to service. The other issues are remanded.

The Veteran's lumbar spine disability, rated at 10 percent, is not found to be more severe than what is currently reflected by the rating.

The Board found that the Veteran's NOD was timely filed due to VA mailing the notification letter to an incorrect address, and thus granted her appeal for service connection on some conditions but denied it for others.

The Board has remanded the cases due to non-compliance with previous directives and requests for inpatient records from Davisville Naval Construction Battalion Center. The Veteran's claims of service connection for cervical and lumbar spine disabilities are being reviewed.

The Veteran's lumbar spine disability is rated at 40 percent since December 20, 2012.

The Board has determined that more development is needed to determine the nature and etiology of the Veteran's low back disability, including whether it is related to service or aggravated by a preexisting condition.

The Veteran's claim for an effective date prior to November 1, 2011 for additional dependency benefits was denied as proof of dependents was not submitted within one year of notification.