Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including an updated VA examination and the acquisition of outstanding medical records. The issues include a claim for an increased rating for his thoracolumbar spine disability and a TDIU.

The Veteran's claim for a higher rating for his service-connected thoracolumbar spine disability was denied by the Board. The appeal is remanded to obtain clarification regarding the October 2011 VA examiner's findings in reference to limitation of function, and to address the Veteran's statements during the December 2006 VA examination.

The Veteran's low back disability was not productive of functional impairment comparable to forward flexion of the thoracolumbar spine greater than 30 degrees, but not greater than 60 degrees, or the combined range of motion of the thoracolumbar spine is not greater than 120 degrees. As such, a rating in excess of 10 percent prior to March 3, 2016 and a rating in excess of 40 percent from March 3, 2016 for low back strain with transitional L5, narrowed L3 and L5 is not warranted.,The Veteran's left thumb strain was manifested by pain and instability that equals or approximates limitation of thumb motion resulting in a gap of 1 to 2 inches (2.5 to 5.1 cm) between the thumb pad and the fingers with the thumb attempting to oppose the fingers, warranting a rating of 10 percent from November 5, 2009.

The Board has determined that the Veteran's current diagnoses of cervical and lumbar spine conditions are not related to service, including a pre-service neck condition. The weight of evidence does not support a finding that these conditions were incurred or aggravated during active duty.

The Board has determined that the Veteran's current right lower leg, thigh, knee, ankle, and back disorders are not related to his active military service or caused by his service-connected bilateral pes planus. The preponderance of evidence is against these claims.

The Veteran's lumbar spine disability has been rated at 40 percent since October 15, 2012. The evidence does not support a higher rating as the condition does not meet criteria for unfavorable ankylosis or other disabling conditions that would warrant a higher rating.

The Veteran's service-connected low back disability is rated at 20 percent, effective December 24, 2003. The Board granted an initial rating of 20 percent for the lumbar spine disability and denied a higher rating.

The Board has remanded the appeal for additional development, including obtaining dates of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) with the New Jersey National Guard. The Veteran's representative was also given an opportunity to review the claims file.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has granted service connection for chronic lumbar strain and chronic cervical strain, finding that these conditions are secondary to the Veteran's service-connected bilateral plantar fasciitis with pes planus.

The Board has determined that the Veteran's back disability is etiologically related to active service and grants the claim for service connection.

The Board has determined that the Veteran's lumbar strain does not result in radiculopathy of the sciatic nerve, and therefore a separate evaluation for this condition is denied.

The Board has remanded the Veteran's claim of entitlement to a total disability rating on the basis of individual unemployability due to service-connected disabilities for further development, including obtaining medical opinions and reviewing all relevant evidence.

The Board found that the Veteran was not unemployable due to her service-connected disabilities prior to February 21, 2006. The Acting Director of Compensation Services determined that the service-connected conditions did not preclude employment.

The Board finds that the Veteran's lumbar spine degenerative spurring and disc bulges are related to his active military service, resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case for a new VA examination to assess the current level of severity of the Veteran's lumbar spine disability and for any additional VA treatment records. The Veteran's claim will be readjudicated based on all evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a new VA examination to assess his lumbar spine disability and left lower extremity radiculopathy, and providing an opinion regarding the onset of his left lower extremity radiculopathy prior to August 20, 2015.

The Veteran's claims for higher initial ratings for his service-connected degenerative arthritis of the cervical spine, lumbar spine, and bilateral knees are being remanded due to inadequate examination findings. His claims for increased ratings for his service-connected left ankle, right ankle, and bilateral knee disabilities are also being remanded as he has not been provided with a VA examination in over six years.

The Board has denied the Veteran's claims for service connection for prostate disorder and lumbar spine disorder, finding that there is no evidence of a pre-existing condition or in-service injury/disease. The presumption of soundness applies as the Veteran did not have any noted lumbar spine disorder at entry into service.

The Board has remanded the case for further development, including obtaining medical opinions and private records. The Veteran's death is being reviewed to determine if his service-connected conditions contributed to his cause of death.