Back / lumbar spine Board decisions

The Veteran's left knee disability, including instability and meniscal tear with degenerative joint disease, warrants a 10 percent rating since March 2006. A separate 10 percent rating is granted for left knee instability from October 14, 2009 to December 3, 2013.

The Board has received additional private treatment records and the Veteran's lay statement, which have not been reviewed by the RO. The case is being remanded to allow for a de novo review of these documents.

The Veteran withdrew her appeals for increased ratings of neck, right knee, and low back disabilities during the September 2014 Board hearing. The case is dismissed as a result.

The Board has determined that the Veteran does not have a present diagnosis of residuals from a traumatic brain injury, and therefore service connection for this condition is denied. The claim for an increased rating for low back strain remains pending.

The Board has granted service connection for a low back disorder and found that the Veteran's current condition is related to his active service. The claim for increased ratings for tinnitus and for TDIU remains pending.

The Veteran's PTSD is rated at 50 percent effective April 5, 2011. The low back strain rating remains unknown as the appeal for this issue was not addressed in the decision.,PTSD has been granted a 70 percent disability rating, which is the maximum allowed under VA guidelines.

The Veteran's cervical spine disability, which manifests in forward flexion of the cervical spine approximating 30 degrees and abnormal spinal contour, is currently rated as 20 percent disabling.

The Board has determined that the evidence is approximately evenly balanced as to whether the Veteran's lumbar spondylosis and lower extremity radiculopathy are related to service. As such, the claim for service connection is granted.

The Board has remanded the case for additional development, including obtaining medical examinations and records. The Veteran's claims for service connection are pending.

The Veteran's service-connected disabilities, including back disability, dysthic disorder, left leg disability, and right leg disability, render him unemployable due to their combined impact. The Board finds that the evidence is at least in equipoise with respect to whether he can secure or follow substantially gainful employment.

The Board has remanded the case to consider whether an extraschedular rating is warranted for lumbosacral strain and whether a TDIU effective date prior to March 31, 2003 should be established on an extraschedular basis. The Veteran's service-connected condition may warrant such considerations.

The Board found that the Veteran's low back disorder did not have its onset in service or within the initial post-service year, and is otherwise unrelated to her active service. The weight of the credible and probative evidence does not support a finding that her bilateral hip disorder had its onset in service.,The Board also found that the Veteran's bilateral shoulder disorder did not have its onset in service and is otherwise unrelated to her active service.

The Veteran's back disability, which includes a thoracolumbar spine posterior surgical fusion and residual degenerative disc disease, spondylosis, and disc bulge, has been rated at 20 percent since the grant of service connection. The Board finds that this rating is appropriate based on the evidence showing pain, limited motion, but no ankylosis or incapacitating episodes.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for special monthly compensation based on the need for aid and attendance (A&A).

The Veteran's service-connected lumbar spine disability, along with associated radiculopathy of the lower extremities, does not meet the schedular criteria for a TDIU at any time during the period on appeal.

The Board has remanded the claims of service connection for low back and right knee disorders due to inadequate examination in September 2010. The Veteran's representative and VA's Office of General Counsel have requested a new addendum opinion from the examiner.

The Board has now granted service connection for right knee osteoarthritis. The Veteran's back disability is being remanded to determine if it is secondary to or aggravated by his right knee osteoarthritis.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the impact of his service-connected disabilities on his employability and obtaining relevant medical records. The TDIU claim will be adjudicated after all referred issues are addressed.

The Board has remanded the case to the AOJ for further development, including obtaining medical records from Dr. Wanda Angueira and asking the Veteran to provide additional relevant treatment records.

The Board has granted service connection for migraine headaches, bilateral knee disability, back disability, and bilateral hearing loss. The claim for right leg disability is denied.