Back / lumbar spine Board decisions

The Veteran's claims for increased ratings and an effective date prior to May 27, 2011 were denied as it was not factually ascertainable that the Veteran's disabilities had increased within one year of his claim.,VA received notification of the Veteran's Social Security Administration (SSA) award in June 2011. The SSA decision did not consider all service-connected disabilities, and thus, VA determined that an effective date prior to May 27, 2011 for TDIU was granted.

The Veteran's appeal for a higher rating for his cervical spine disability was denied. However, he received separate ratings of 30 percent and 20 percent for neuropathy in the right and left upper extremities associated with his cervical spine disability.

The Veteran's claim for a higher initial rating for lumbar spine degenerative joint disease has been granted, with the effective date being August 1, 2010. The issue of an initial compensable rating for service-connected hemorrhoids is also addressed and resolved in favor of the Veteran.

The Veteran's service-connected mechanical low back pain, right wrist sprain, left wrist injury residuals, and postoperative residuals of a fracture of the left ankle are all rated at 10 percent. The Veteran is granted increased ratings to 20 percent for his mechanical low back pain from July 31, 2014.

The Board has remanded the issues of service connection for left foot and low back disorders due to insufficient detail in the VA examiner's opinion. The Veteran is also seeking an earlier effective date for a TDIU, which requires further procedural action.

The Veteran's claims for service connection for a low back disorder and hypertension are being remanded due to the need for additional information and records.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a cervical spine disability, granted a 10 percent rating for the low back disability from May 4, 2006 to February 23, 2011, and a 20 percent rating since then, and denied service connection for tinnitus.

The Board denied the Veteran's claims for higher ratings for radiculopathy of the left lower extremity associated with ddd of the low back, finding that his symptoms did not warrant a rating higher than 10 percent.

The Veteran's PTSD is rated at the highest available rating of 70 percent, effective from May 27, 2009. The claims for service connection for bilateral knee pain and hypertension have been reopened due to new evidence received since the final denial of these claims in November 1979 and December 1999 respectively.

The Board has granted the Veteran's claims of service connection for left hip and lumbar spine conditions, including as secondary to her service-connected right knee disability. However, it denied the claim for an initial compensable rating for right knee surgical scars.

The Board has determined that the Veteran's low back disability is not related to his active service and therefore denied his claim for service connection.

The Board denied the Veteran's claims for increased ratings for his lumbar sprain disability, finding that the evidence did not meet the criteria for a higher rating under either the General Formula or the Intervertebral Disc Syndrome Formula.

The Veteran's PTSD has been rated at 50 percent since July 24, 2014. The rating is based on the severity of symptoms such as anxiety, depression, nightmares, intrusive memories, panic attacks, flashbacks, avoidance behavior, sleep impairment, irritability, anger outbursts, concentration problems, hypervigilance, exaggerated startle response, diminished interest, feelings of detachment, occasional suicidal ideation, and auditory/visual hallucinations.

The Board has remanded the case for further development due to inadequate medical opinions regarding service connection for cervical and lumbar spine disabilities.

The Veteran's hypertension, cervical spine disability, and lumbar spine disability were not found to be related to service or any in-service injury. The claims for these conditions are therefore denied.

The Board has determined that the Veteran's claimed disabilities are not related to his active duty service and have denied all of his claims.

The Board found that the Veteran's arthritis of the lumbosacral spine was not caused by VA treatment and did not result from any fault on the part of VA. The claim for compensation under 38 U.S.C. § 1151 was denied.

The Veteran's lumbar spine disability was evaluated as noncompensable during the period from August 1, 2006 to November 3, 2011 and as 10 percent disabling from November 4, 2011 to December 15, 2013. The Board found that these ratings were not warranted based on the clinical evidence.

The Veteran's current psychiatric disability, diagnosed as anxiety, is reasonably shown to be related to service and to his service-connected pleurisy. Service connection for psychiatric disability has been granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, as well as providing the Veteran with a new examination to evaluate his knee and lumbar spine disorders.