Back / lumbar spine Board decisions

The Veteran's lumbar spine disability was rated at 10 percent prior to December 15, 2011 and at 40 percent thereafter. The claim for separate evaluations for left and right lower extremity radiculopathy is addressed in the REMAND portion of this decision.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for thoracolumbar spine disorder and cervical spine disorder. However, upon review of the evidence, including VA examinations and private chiropractor opinions, the Veteran does not have a current disability of these conditions.,Service treatment records show no chronic back or neck problems during active duty. The Veteran's complaints were treated with chiropractic care while in service but she was found to be in good health at separation. Post-service evaluations by VA providers did not find any current disabilities of the cervical and thoracolumbar spine.

The Board granted a 30 percent rating for the Veteran's service-connected degenerative disc disease of the cervical spine and muscle contraction headaches, effective from November 2, 2012. The Veteran's disability was found to meet the criteria for a 30 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for service connection are being remanded due to the need for additional VA examinations and development of his medical records.

The Board has found that the Veteran's low back disorder had its onset in service and granted service connection for this condition. The respiratory disorder issue remains pending as it was not addressed by the September 2014 decision.

The Veteran's claims for increased ratings for left foot postoperative hallux valgus and chronic lumbar strain with degenerative changes were denied by the Board. The Veteran was not granted any increase in disability rating.

The Veteran's lumbar spine disability is rated at 40 percent disabling effective May 7, 2014. The dental disorder claim was not granted.

The Board found that the Veteran's lumbar spine disability was not incurred during service and denied his claim for service connection.

The Veteran is entitled to a TDIU since January 13, 2003, due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.

The Board granted initial non-compensable ratings for bilateral shoulder strain, effective from July 3, 2012. Effective that date, the Veteran is entitled to a 20 percent rating for his service-connected lumbosacral spine disability.

The Veteran's lumbar spine disability has been rated at 40 percent since November 1, 2009 through March 15, 2011 and from June 1, 2011. The rating for right lower extremity radiculopathy was increased to 20 percent effective February 14, 2014. No higher ratings are warranted for the lumbar spine disability or left lower extremity radiculopathy.

The Veteran's service-connected low back strain and degenerative arthritis of the spine are currently evaluated at 40 percent, but his intervertebral disc syndrome does not result in incapacitating episodes. The Board finds that a higher rating is not warranted.

The Veteran's appeal includes claims for an increased rating for lumbosacral strain and service connection for obstructive sleep apnea. The RO has denied the claim for service connection, but a SOC must be issued. The propriety of reducing the rating from 30 percent to 10 percent is also under consideration.

The Veteran's appeal is denied as he does not have a neurological disability of the lower extremities caused or aggravated by his service-connected lumbosacral strain with lumbar scoliosis.

The Veteran is currently service-connected for several disabilities, but the Board finds that a Master's Degree in Human Resource Management is not necessary for him to obtain or maintain employment in his chosen field.

The Veteran's claims for increased ratings and service connection were granted, with the effective dates being fixed in accordance with the facts found.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if any diagnosed back disability is related to active service. The Veteran's claim will be reconsidered after these actions.

The Veteran's low back disability was granted an increased rating of 20 percent effective November 9, 2004. The temporary total rating for convalescence following left foot surgery from August 6, 2010 to December 1, 2010 is also granted.

The Board has determined that the Veteran does not have PTSD and therefore, service connection for this condition is denied. The remaining issues of entitlement to service connection for hypertension, low back injury, vertigo, and an acquired psychiatric disorder other than PTSD are also denied.

The Board has remanded the case for further development and consideration of a secondary service connection theory.