Back / lumbar spine Board decisions

The Veteran's claim for an increased rating for his lumbar spine disability was denied. The Board found that the evidence did not support a higher rating prior to May 5, 2006 and from May 5, 2006 through March 29, 2011, he was rated at 40 percent.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine and associated radiculopathy have not met the criteria for a higher evaluation under the applicable rating schedule.

The Board denied the Veteran's claims for service connection for various conditions, including hepatitis C, low back disability, peripheral neuropathy, ischemic heart disease, bilateral hearing loss, and tinnitus. The decision found that new evidence had not been received to reopen the claim for hepatitis C, and that there was no credible evidence linking these disabilities to service.

The Board has determined that the Veteran's hypertension was not caused or made worse by his service-connected PTSD with depression. The lumbar spine disability is denied as there is insufficient evidence to establish a connection.

The Veteran's claim for an annual clothing allowance was denied due to the lack of evidence showing that her service-connected disabilities cause wear and tear on her clothing. The Board has decided to remand the case for further development, including obtaining updated VA medical records and arranging a physical examination.

The Veteran's low back disability is currently rated at 40 percent, effective January 11, 2009. The claim for increased ratings for left and right lower extremity radiculopathy remains denied.

The Board has determined that the Veteran's right knee disorder, including a total right knee replacement, is service-connected. The low back and right foot disorders are also found to be related to his right knee condition. However, further medical examination and opinion are needed for the claims of increased evaluation for postoperative residuals of tenorrhaphy and neurorrhapy of the right hand.

The Veteran's low back and right knee disabilities have been rated at the minimum levels allowed by law, with no evidence of additional impairment warranting higher ratings.

The Veteran's hypertension is found to be related to his service-connected GAD/depression. Service connection for GAD/depression is granted with an effective date of June 22, 2007, and a rating of 50 percent. The right knee disability is rated as 20 percent from the initial grant of service connection on June 21, 2012, to January 31, 2014, and as 70 percent beginning February 1, 2014. Service connection for GAD/depression is granted with an effective date of February 1, 2014.

The Board denied an increased evaluation for RSD of the left lower extremity and low back, finding that the disability most closely approximated a 40 percent rating. The separate claim for a compensable rating for RSD of the low back was also denied.

The Veteran's claims for service connection for tremors, residuals of head trauma and a low back disability, as well as his claim for total disability rating due to individual unemployability, have been granted. As these benefits have been awarded, there is no remaining case or controversy.

The Board has remanded the case due to the need for further development, including a VA examination of the Veteran's back disability. The appeal will be returned to the AOJ for readjudication.

The Veteran's claims for increased rating of varicose veins and TDIU due to service-connected disabilities are being remanded as the claim for TDIU was not properly referred to the Compensation Service Director for extraschedular consideration.

The Veteran's low back disability is rated at 20 percent effective July 11, 2013. The compensable rating for left testicle atrophy has been granted.

Service connection has been established for all the claimed conditions effective November 4, 2005. As such, there are no remaining issues in controversy.

The Board has remanded the Veteran's claim for a TDIU due to her service-connected low back disability, as there is insufficient evidence of her current employment status and functional limitations.

The Board has determined that the Veteran's current back disability was not incurred in active duty service and therefore denied his claim for service connection.

The Board found that the Veteran's low back and right knee disabilities are not related to his service-connected left ankle disability, thus denying both claims.

The Veteran's service-connected lumbar degenerative disc and joint disease is currently rated at 10 percent, effective June 2, 2007. The claim for a higher rating since October 28, 2010 was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome. For seborrheic dermatitis with rosacea, the current evaluation is 10 percent and no higher due to lack of findings for more severe manifestations.

The Veteran's appeals for increased ratings for his lumbosacral spine disorder and left knee disability were denied. However, he was granted a separate initial rating of 20 percent for meniscal damage in the left knee.