Back / lumbar spine Board decisions

The Board has decided to remand the case due to outstanding VA treatment records and conflicting medical opinions regarding the cause of death. The Veteran's service-connected lumbosacral strain and left hip arthrosis are being evaluated for their potential contribution to his death.

The Veteran's claim for an earlier effective date for service connection of djd of the right knee was denied. The Board found that the preponderance of evidence did not support a grant of an earlier effective date.

The Veteran's service connection claim for degenerative joint disease of the lumbar spine is granted as his current condition and symptoms are linked to an in-service injury, with no evidence of aggravation or new onset after service.

The Veteran's lumbar spine disability, including residuals of a healed fracture of the second vertebra, is rated at 40 percent effective November 20, 2016. A Total Disability Rating due to Individual Unemployability (TDIU) has been granted since December 21, 2012.

The Board has remanded the cases of service connection for hip disability and low back injury due to new evidence. The earlier effective date claim for asthma remains denied.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine is being remanded due to the need to obtain additional medical records and SSA disability records.

The Board has denied service connection for back and bilateral knee disabilities due to a lack of continuity or recurrent symptoms since separation from active service. Service connection for a psychiatric disability (including PTSD) is remanded due to the need for verification of a claimed stressor.

The Veteran's back disorder and bilateral hearing loss were denied. The Board found no evidence of a nexus between the conditions and service, with the exception that the Veteran had continuous symptoms since service.

The Veteran's cause of death, methadone toxicity by suicide, was found to be related to his in-service back disability and subsequent opiate abuse and dependency. The Board granted service connection for the cause of death but dismissed the claim for dependency and indemnity compensation as DIC benefits have now been awarded.

The Veteran's use of his back brace and right ankle brace for service-connected lumbar spine and right ankle disabilities is found to cause wear on clothing, warranting annual clothing allowances for 2014.

The Board denied service connection for various conditions, including PTSD, due to lack of new and material evidence. The appeals for multiple body traumas, low back disorder, neck disorder, bilateral hearing loss, and vertigo are also remanded.

The Board has reopened the Veteran's claim of service connection for a low back strain condition, but denied the claim as there is no evidence that his current condition is related to his military service.

The Veteran's claim for a higher initial rating for lumbar strain was denied. The disability is currently rated at 10 percent, which is the maximum schedular rating available.

The Board dismissed the Veteran's appeals for service connection and higher disability ratings related to various conditions, including left lower extremity sciatic radiculopathy, left knee chondromalacia and osteoarthritis, and lumbosacral spine degenerative disc disease and IVDS. The issues of service connection for bladder dysfunction and bowel dysfunction secondary to these disabilities were remanded.

The Veteran's claim for a compensable rating for ganglion cyst of the right hand and a higher rating for her lumbar spine disability have been denied. The Veteran does not meet the criteria for a compensable rating due to her ganglion cyst, as there is no evidence of limitation of motion or arthritis in the wrist joint. For her lumbar spine disability, she has not met the criteria for an increased rating under Diagnostic Code 5243 for intervertebral disc syndrome (IVDS) because she does not have incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician.

The Veteran's back disability is granted service connection. The initial rating for right shoulder labral tear prior to February 15, 2018, and the rating in excess of 20 percent after that date are both granted. Service connection for headaches is also granted.

The Veteran's low back strain is currently rated as 20 percent disabling, but the Board found that it did not meet the criteria for a higher rating based on functional loss due to pain or other symptoms. The Veteran's PTSD and bipolar disorder with cannabis abuse are rated at 70 percent.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance. The increased rating claims for traumatic arthritis of the lumbar spine and bursitis of the right shoulder are remanded.

The Veteran's low back disability is rated at 20 percent, and the scars of his right tibia/fibula are rated at 10 percent. The decision also grants a rating for the low back disability.

The Veteran's service-connected traumatic arthritis of the left hip and lumbar spine disabilities are currently rated at 20 percent, which is the maximum rating available under VA regulations. The Board found no evidence to warrant a higher rating for either condition.