Back / lumbar spine Board decisions

The Veteran's appeal is being remanded for additional development to address the claims of service connection for degenerative disc disease of the lumbar spine, left hip condition, and right hip condition. The case will be returned to the Board after this development.

The Veteran's service-connected lumbar spine, bilateral knee, and bilateral hip disabilities have been found to meet the schedular criteria for a TDIU since November 12, 2009. The remaining issues of increased ratings are addressed in the remand section.

The Board has determined that the Veteran's lumbar strain condition required a temporary total rating beyond March 31, 2011 due to his need for convalescence following surgery. The extension of the temporary total rating is granted through December 31, 2011.

The Board has determined that further action is needed to determine the nature and origin of the Veteran's low back disability, including whether it is related to service or congenital in nature.

The Board has determined that the Veteran does not have separate service-connected conditions for depression, anxiety, insomnia, chronic fatigue syndrome, back disorder, neck disorder, sinusitis, allergic rhinitis, or headaches. The claims are denied as secondary to his service-connected PTSD.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and scheduling a VA spine examination. The issue of entitlement to TDIU is also before the Board.

The Board has determined that a new VA examination is necessary to assess the current severity of the Veteran's lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy disabilities.

The Veteran's claims for service connection for head injury, bilateral leg sciatica, disability manifested by motion sickness and dizziness, tinnitus, bilateral glaucoma, bilateral cataracts, left eye detached retina (secondary to left eye cataracts), left hand disability (secondary to neck disability), right hand disability (secondary to neck disability), bilateral shoulder disability (secondary to neck disability), joint disability, neck disability, acquired psychiatric disorder (posttraumatic stress disorder) (secondary to service-connected lumbar spine disability), and sleep apnea have been denied. The Veteran withdrew these claims during his Board hearing.

The Veteran's appeal for service connection for a left knee disorder was dismissed due to withdrawal. The claim of higher initial rating for the right knee disability is denied, and a separate 10% rating is granted effective December 6, 2013, for removal of semilunar cartilage in the right knee with symptoms.

The Veteran's lumbar spine disability is rated at 40 percent from April 10, 2008. The effective date for service connection remains June 9, 2006.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and identifying the approximate date, location and provider of physical therapy in 2007. An orthopedic examination will also be conducted to determine the current severity of his left knee.

The Veteran withdrew his appeal regarding the issues of service connection for flat feet and higher initial ratings for thoracolumbar degenerative arthritis with IVDS, allergic rhinitis, right lower extremity radiculopathy, bilateral hearing loss, and status post right thumb fracture.

The Veteran's claim for an earlier effective date for the award of service connection for a chronic back disability is denied. The Board found that the earliest possible effective date was August 3, 2010, as this represents the date of receipt of his application to reopen and the date entitlement arose.

The Veteran seeks to establish service connection for a low back disability, which he contends was aggravated by his third period of active duty. The case is being remanded due to the inadequacy of the VA examination.

The Board has reopened the Veteran's claim of service connection for a back disability and granted it, finding that new evidence supports the claim.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance of another person or on account of being housebound.

The Board's decision denying service connection for a low back disability is dismissed because the Court has vacated and remanded it.

The case is being remanded for additional development to address the Veteran's claims of increased ratings for right elbow and low back disabilities, as well as entitlement to an earlier effective date for service connection. The Veteran will need a VA examination for his right elbow and low back conditions, and further consideration of whether the August 1986 submission of lay testimony is new and material evidence.

The Veteran's back disability was found to not meet the criteria for a higher rating prior to December 1, 2016. From December 1, 2016, his disability did not warrant an increased rating beyond 20 percent.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 20, 2011. Separate ratings of 10 percent are assigned for his right and left lower extremity radiculopathy since that date. The Veteran's left knee tendinitis, removal of cartilage, and instability each receive a separate 10 percent rating, starting from July 6, 2015.