Back / lumbar spine decisions — 2018

The Veteran's thoracolumbar degenerative joint disease with degenerative disc disease and sacroiliac degenerative joint disease results in forward flexion greater than 30 degrees, but no ankylosis. The current rating of 20% is appropriate.,Prior to January 16, 2012, the Veteran's right knee disability resulted in painful motion with extension limited to 10 degrees. Effective March 1, 2013, his status post total knee replacement results in extension to 10 degrees or more and flexion greater than 60 degrees. The current ratings of 10% prior to January 16, 2012, and 30% effective March 1, 2013, are appropriate.

The Board has remanded the claims for increased ratings and earlier effective dates for various conditions, including right knee chondromalacia, left knee chondromalacia, cervical strain with degenerative disc disease, radiculopathy of the right upper extremity, and degenerative arthritis of the thoracic spine. The remand also includes a TDIU claim.

The Veteran's petition to reopen claims for service connection for a lumbar spine disability and left upper extremity numbness was granted. Service connection is also granted for PTSD.,The Veteran's claim for an increased rating for PTSD remains pending.

The Board has reopened the claims for service connection for a low back disorder and left leg disorder, but denied all other issues. The Veteran's current conditions are not related to his military service.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status is denied as there is no evidence of actual need for such benefits.

The Board has granted service connection for neck and low back disabilities, as well as an acquired psychiatric disorder and migraine headaches on a secondary basis to the Veteran's service-connected right knee disability.

The Veteran's lumbar spine disability is rated at a 40 percent rating, but no higher, due to decreased range of motion and pain. The condition does not meet the criteria for unfavorable ankylosis.

The Board has remanded the Veteran's claims for increased ratings for his bilateral shoulder disability, degenerative joint disease of the lumbar spine, bilateral knee disability, and GERD due to new evidence indicating worsening symptoms since his last VA examination in February 2012. The Veteran will need to undergo additional VA examinations to assess the current severity of these conditions.

The Veteran's increased ratings for his left knee, right knee, and lumbar spine disabilities are being remanded due to the need for new examinations. The TDIU issue is also being remanded.

The Board has reopened the claim for service connection of headaches due to new and material evidence. The claims for increased ratings for left knee and back disabilities are also remanded.

The Veteran's service-connected lumbar spine disability has been rated at 40 percent effective August 10, 2017. The rating is based on significant loss of range of motion and functional loss equivalent to flexion limited to 30 degrees or less.

The Board denied service connection for low back disorder and sciatica of the left and right legs, finding that there was no evidence linking these conditions to service or service-connected disabilities.

The Board has ordered a remand due to the need for additional medical opinions addressing the Veteran's lay assertions of etiology (onset in service).

The Board has remanded the case for further development due to insufficient medical opinions regarding the Veteran's lumbar spine disability.

The September 5, 1991 rating decision was revised to grant service connection for the back disorder of lumbar spondylolisthesis effective May 21, 1991 due to clear and unmistakable error (CUE). The claim was originally denied based on a presumption of soundness, but the evidence showed that the condition likely worsened during service.

The Veteran's claims for service connection and rating of various disabilities, including tinnitus, lumbar spine disability, hip and leg disabilities, and an acquired psychiatric disorder are remanded due to incomplete service treatment records. The Veteran is also denied a rating in excess of 10 percent for his tinnitus.

The Board has denied service connection for the Veteran's claimed right knee, right ankle, left knee, low back, hallux valgus deformity (right first metatarsophalangeal joint), and meralgia paresthetica disabilities as they are not shown to be related to his military service.

The Veteran's neck disability is currently rated at 20 percent, and the Board has ordered a remand to ensure proper examination for range of motion testing.

The Veteran's death was not caused by a service-connected disability, as the medical expert concluded that his hypertension did not contribute to his cause of death. The appellant's assertion regarding exposure to herbicide agents is also not supported by evidence.

The Veteran's lumbar spine condition was granted a 20% rating from November 30, 2016. The right forearm condition received an initial 10% rating for painful flexion and a separate 10% rating for limited extension.