Back / lumbar spine Board decisions

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a new examination. The Veteran's claim of entitlement to a rating in excess of 10 percent for his service-connected lumbar spine disability is pending.

The Veteran's service-connected disabilities result in a physical incapacity such that he requires regular aid and assistance to dress, undress, toileting, bathing, preparing food, and shopping. As a result, the Board finds SMC based on the need for regular aid and attendance is granted.

The Veteran's lumbar spine disorder is not manifested by unfavorable ankylosis of the entire thoracolumbar spine from January 15, 2003. Therefore, a rating in excess of 40 percent for service-connected lumbosacral strain with psychophysiological musculoskeletal disorder has not been met.

The Veteran's claims for increased ratings for lumbosacral strain were denied by the Board of Veterans' Appeals.

The Veteran's lumbar spondylosis is currently rated at 10 percent from September 19, 2014. The condition has been shown to cause limitation of forward flexion to 90 degrees with pain beginning at 40 degrees.

The Board has remanded the case for several reasons, including obtaining a new medical opinion regarding the etiology of the Veteran's low back disorder and scheduling a hearing before a Veterans Law Judge. The issues of service connection for a low back disability and the propriety of reducing the right ankle fracture rating remain on appeal.

The Board has remanded the case for additional development to determine if any current psychiatric or low back disorders are related to service, including inservice complaints and diagnoses.

The Veteran's right ear hearing loss and low back disability have been granted service connection, with the low back disability receiving a 60% rating. The effective date for his TDIU remains at January 17, 2008.

The Veteran's appeals for increased disability rating and service connection have been dismissed as the Veteran withdrew his appeals in August 2016.

The Veteran's claim for a higher disability rating for his service-connected back disability is being remanded due to the need for additional examination and development of evidence.

The Board has determined that the Veteran's low back and lower extremity neurologic disabilities are not etiologically related to service, and thus denied his claims for service connection.

The Veteran's claims of service connection for a thoracolumbar spine disability and headaches have been reopened, with the latter being granted as they are related to in-service depression. The Veteran's right shoulder and cervical spine disabilities remain unresolved.

The Veteran's appeal for increased ratings for PTSD and chronic lumbosacral strain has been withdrawn. The TDIU issue remains pending.

The Veteran's left thumb degenerative joint disease is currently evaluated as noncompensable under the rating criteria, but he is entitled to a minimum compensable evaluation due to painful motion. The issues of entitlement to higher initial evaluations for lumbar degenerative disc disease with sacralgia and coccyalgia and left thumb degenerative joint disease are addressed in the REMAND portion of this decision.

The Veteran's appeals for service connection on several conditions have been dismissed due to voluntary withdrawals by the Veteran.

The Veteran's claim for service connection for herpes simplex virus is granted. The Board finds that the penile lesion noted in service was at least as likely as not herpes in character, and affords the benefit of doubt to the Veteran.

The Veteran's claims for service connection for bilateral hearing loss, aortic aneurism, PTSD, and other disabilities have been denied as the evidence does not support a finding that these conditions are related to his military service.

The Veteran's low back disability was rated at 20 percent prior to February 12, 2014. From that date forward, the Veteran is entitled to a 40 percent rating for his mechanical low back pain.

The Board found that the Veteran's lumbar spondylosis is not causally or etiologically related to his military service and denied his claim for service connection.

The Veteran's claims for service connection were denied as there was no verified in-service stressor event, and the diagnoses did not meet the criteria for PTSD.