Back / lumbar spine Board decisions

The Veteran's DDD of the lumbar spine with herniated disks at L4-5 and L5-S1 due to low back strain has been rated as 10 percent disabling, reflecting a functional loss due to pain that more closely resembled forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees.

The Veteran's low back disability is rated at 20 percent prior to December 10, 2010 and 40 percent thereafter. The right hip disability is rated at 10 percent.

The Veteran's acquired psychiatric disorder, including Anxiety Disorder, NOS with subclinical features of Obsessive Compulsive Disorder and Generalized Anxiety, and Depressive Disorder, NOS, is found to be service-connected. The Board also finds that the Veteran has current diagnoses for his back, wrists, and shoulders conditions.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including right foot pain, left leg pain, inability to walk fast, inability to put pressure on fingers, right ankle disability, back disability, tendonitis of the left elbow, bilateral hearing loss disorder, psychiatric disability (claimed as bipolar disorder), diabetes mellitus, visual acuity disorder (claimed as secondary to diabetes mellitus), peripheral neuropathy of the upper extremities (claimed as secondary to diabetes mellitus), and kidney failure (claimed as secondary to diabetes mellitus).

The Veteran's lumbar spine disability is rated at 20 percent effective September 14, 2015. The condition results in flexion to 80 degrees with muscle spasm resulting in an abnormal spinal contour.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and updated medical records.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities prior to September 18, 2012 was denied. The RO granted the claim from September 18, 2012.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's appeals have been withdrawn by his representative in October 2016.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and ensuring the claims file is complete.

The Veteran's low back disability was rated at 20 percent since May 28, 2014. The claim for higher ratings prior to that date and for sciatica were denied.

The Board has remanded the Veteran's claim for additional development due to a lack of consideration of his lay statements and an inaccurate factual basis in the July 2015 VA examiner's opinion. The case is now returned to the AOJ for further review.

The Veteran's bilateral hearing loss and degenerative joint disease of the lumbar spine were granted increased ratings, while service connection for peripheral neuropathy was established. The Veteran also received a TDIU rating since November 25, 2011.

The Board has determined that the Veteran's back disability and bilateral lower extremity radiculopathy are secondary to his service-connected right knee disability. The claims for increased rating of right knee disability and TDIU have been remanded.

The Board has determined that the Veteran's current lumbar spine disability and allergic rhinitis are not related to service, and thus denied both claims.

The Board has determined that there is no evidence of a low back disorder, bilateral hearing loss, or tinnitus having its onset in service. The Veteran's STRs do not show any complaints or treatment for these conditions during his active duty. A VA examination report concluded that the current diagnoses are more likely due to post-service injuries and not related to service.

The Board has granted service connection for a head injury to include concussion and cerebellar/spinocerebellar degeneration, degenerative joint disease of the cervical spine (claimed as neck/spine injury), and lower back/thoracolumbar spine injury.

The Board has granted service connection for bilateral hip degenerative disease and bilateral knee arthritis as secondary to the Veteran's service-connected lumbar strain with osteoarthritis. The Veteran is also granted a rating of 10 percent for his lumbar strain.

The Veteran's headaches are related to his service-connected cervical DDD, and the Board has granted secondary service connection for this condition.

The case is being remanded for additional development to obtain service treatment records and verify the Veteran's dates of active duty, as well as VA medical records. The claims will be readjudicated after this information is obtained.