Back / lumbar spine Board decisions

The Veteran's claims for service connection for headaches, increased rating for traumatic arthritis of the lumbosacral spine, and separate evaluation for limitation of motion (left knee) were denied. The Veteran was granted a noncompensable rating for traumatic arthritis of the lumbosacral spine prior to November 20, 2015, and a 10 percent rating thereafter.

The Board has determined that the Veteran is entitled to special monthly compensation based on the need for regular aid and attendance, effective from September 26, 2005.

The Board has determined that the Veteran's back condition does not warrant increased disability ratings prior to June 25, 2015 or from June 25, 2015 onwards. The current manifestations of his service-connected back condition do not meet the criteria for higher rating under the applicable VA Rating Schedule.

The Veteran's low back strain with arthritis and degenerative disc disease is currently rated at 60 percent, the maximum schedular rating available. The Board finds that a higher rating is not warranted as his disability does not meet or approximate any of the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's low back disability was rated at 60 percent from February 14, 2012 to September 29, 2014. Since then, the rating has been returned to 40 percent.

The Veteran's left leg radiculopathy is rated at 10 percent since October 22, 2009 and denied for an increased rating. The Board found that the evidence does not support a finding of unemployability due to service-connected disabilities.

The Board has remanded the case for additional development, including obtaining hospital records from Fort Wainwright Military Medical Facility/Bassett Army Community Hospital or its predecessor during the Veteran's service period. The Veteran is also asked to provide any private treatment records concerning his low back dated since January 2013.

The Veteran's service-connected degenerative joint disease of the thoracic and lumbar spine is productive of complaints of pain, some limitation of motion, but not to a degree that warrants an evaluation in excess of 20 percent.

The Veteran's low back disability, including degenerative changes and lumbar radiculitis, is currently rated at 20 percent. He also has TDIU due to his service-connected disabilities.

The Board found that the Veteran's current lumbar spine disability is related to his in-service injury and granted service connection.

The Veteran's appeal is being remanded to obtain additional VA examination and records, as his service-connected lumbar arthritis with multi-level disc bulges may have worsened.

The Board has determined that the Veteran's current upper (thoracic) back, lower back, and bilateral shoulder disabilities are related to his military service. As a result, the appeal for these conditions is granted.

The Board found that the Veteran's current cervical and lumbosacral spine conditions are related to his service, specifically a motor vehicle accident in July 1993. The VA examiner opined that it is less likely than not that these conditions were caused by this incident.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a statement of the case addressing his increased rating claims. The TDIU claim will be deferred until the increased rating claims are resolved.

The Veteran's appeal is being remanded for additional development, including examinations to determine the etiology of his claimed disabilities and whether they are related to service, including exposure to radiation in service.

The Board has remanded the case for additional development due to missing VA treatment records and other relevant documents.

The Veteran's claim of service connection for bilateral lower extremity radiculopathy was granted, and his rating for chronic lumbosacral strain was increased to 40 percent effective September 15, 2013. The issue of an evaluation in excess of 40 percent thereafter is still pending.

The Veteran's lumbar spine disability was manifested by pain on motion limiting forward flexion to 80 degrees, but no incapacitating episodes of intervertebral disc syndrome or neurologic/sensory impairment. The initial rating of 10 percent is granted.

The Veteran's claim for a clothing allowance was denied because the back brace he uses does not cause wear and tear on his clothes, as determined by the Under Secretary for Health.

The Board has determined that the Veteran's current lumbar spine disability, including DDD and arthritis, did not have its onset in service or is otherwise related to his military service. The claim for service connection is therefore denied.