Back / lumbar spine Board decisions

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The issue of service connection for degenerative disc disease with radiculopathy of the left lower extremity remains pending.

The Veteran withdrew his appeals seeking service connection for PTSD and initial increased ratings for an arachnoid cyst on the thoracic spine, pes planus, and a low back disability.

The Board has determined that the Veteran's current back disability, including muscle spasms and right lower extremity radiculopathy, is related to his in-service motor vehicle accident. As such, service connection for these conditions is granted.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's in-service noise exposure likely caused his current condition. The appeals regarding rheumatoid arthritis and malaria have been withdrawn by the Veteran. Service connection for a lumbar spine disorder is remanded due to conflicting evidence.

The Veteran's lumbar spine degenerative arthritis results in pain and stiffness, but does not meet the criteria for a higher rating as per VA regulations.

The Board has decided to remand the case for an addendum opinion regarding the etiology of the Veteran's low back disorder, as well as obtaining additional medical records and ensuring that all necessary development is completed.

The Veteran's claim for service connection for a left knee disability is denied. The Board finds that the evidence does not support a separate and distinct left knee disability from his currently service-connected lumbar spine and lower extremity radiculopathy disabilities.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability of bilateral hearing loss. The claims for increased ratings for lumbar spine strain, right knee strain, and left knee strain are remanded for additional development.

The Board has granted service connection for an acquired psychiatric disorder as secondary to service-connected disabilities and a TDIU based on the Veteran's service-connected disabilities. The rating for bilateral pes planus remains unchanged.

The Board has granted an effective date of November 8, 2005 for the award of TDIU on an extraschedular basis due to the Veteran's service-connected disabilities preventing him from securing and following a substantially gainful occupation.

The Veteran's right knee disability was granted a noncompensable rating prior to March 13, 2009 and a 10 percent rating from May 1, 2009. The Veteran's lumbar spine disability was granted an initial 20 percent rating effective May 7, 2012.

The Board found no evidence of a current disability related to service, including ACDUTRA. The Appellant's statements regarding in-service injuries are not sufficient to establish service connection.

The Veteran's appeal is being remanded for additional development to obtain VA treatment records and afford him a new VA examination.

The Board finds that the reduction of the Veteran's lumbar spine disability rating from 30% to 20% effective December 1, 2008 was proper. The Veteran's claim for increased ratings and TDIU are granted.

The Board has granted an effective date of February 24, 2006 for the grant of service connection for bipolar disorder and a total disability rating for this condition. The Veteran's low back disorder is also service connected.

The Veteran's lumbar strain is rated at 40 percent, effective July 21, 2006. The rating reflects the limitation of motion to 30 degrees or less.

The Veteran's service-connected lumbar spondylosis with degenerative changes and right lumbar radiculopathy do not meet the threshold schedular criteria for a finding of total disability based upon individual unemployability (TDIU) due to his service-connected disabilities alone. The Board finds that he is not unemployable due solely to service-connected disabilities, as he retains some functional occupational capacity sufficient to obtain and retain gainful work.

The Board found no evidence of an upper back disability related to service and denied the Veteran's claims for service connection. The Veteran's lumbar spine disability is currently rated at 10 percent.

The Veteran's lumbosacral strain, with L2 deformity, results in sleep impairment not contemplated by the rating criteria. The current schedular ratings adequately account for his disability picture and symptomatology.

The Veteran's appeal is being remanded due to the inextricably intertwined issues of service connection for bilateral pes planus and a low back disability. The AOJ must issue a statement of the case with respect to the issue of service connection for bilateral pes planus, and then readjudicate the appeal based on all evidence.