Back / lumbar spine decisions — 2018

The Board has remanded the case for a new VA examination to determine the nature and etiology of any current low back disability other than spina bifida occulta and lumbar DDD, including whether it is at least as likely as not related to service.

The Veteran's right lower extremity radiculopathy was granted a 20 percent rating prior to November 4, 2015 and increased to 40 percent thereafter. The Board also found that the Veteran is entitled to a TDIU based on his service-connected disabilities.

The Board has granted the Veteran's appeals for lumbar sprain and bilateral knee degenerative arthritis as secondary to his service connected left leg disability. The increased rating claim for internal medullary rod screws fixation for comminuted left tibia and fibula fracture is remanded, and the compensable rating claim for costochondritis requires additional development.

The Board has determined that there is no evidence linking the Veteran's current low back condition, including degenerative disc disease, to his military service. The Veteran's statements regarding a tank injury during service are found to be speculative and lack probative value.

The Veteran's claim for higher ratings for DDD of the lumbar spine and PTSD with mood disorder was denied. The Board found that a 40 percent rating is warranted for DDD prior to February 23, 2009, but not after. For PTSD, a 70 percent rating is granted from October 12, 2013 onwards.

The Veteran's cervical spine disability with DDD and DDD did not meet the criteria for a higher rating prior to December 9, 2011. From December 9, 2011 to March 13, 2014, and from May 1, 2014, his disability was rated at 20 percent based on forward flexion limited to 15 degrees or less.

The Veteran's arthritis of the lumbar spine is currently rated as noncompensable under Diagnostic Code 5242. The VA examiner found no limitation in range of motion, muscle spasm or guarding severe enough to result in abnormal gait or spinal contour. Therefore, a compensable rating is not warranted.

The Veteran's left lower radiculopathy (sciatic) associated with degenerative joint disease of the lumbar spine is rated at 20 percent since October 14, 2011. The effective date for this rating remains to be determined.

The Board has determined that the Veteran's back disabilities are not related to his military service and have denied his claim for service connection.

The Veteran's lumbar spine disability is rated at 10 percent, effective October 1, 2011. The claim for a higher rating remains denied.,Prior to September 11, 2015, the Veteran's left lower extremity radiculopathy was rated at 10 percent, effective March 10, 2011. The claim for a higher rating remains denied.,Prior to September 11, 2015, the Veteran's right lower extremity radiculopathy was rated at 10 percent, effective March 10, 2011. The claim for a higher rating remains denied.,From September 11, 2015, the Veteran's left lower extremity radiculopathy is rated at 40 percent, effective September 11, 2015. The claim for a higher rating is granted.,From September 11, 2015, the Veteran's right lower extremity radiculopathy is rated at 40 percent, effective September 11, 2015. The claim for a higher rating is granted.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine whether the Veteran's service-connected disabilities render him unable to care for daily personal needs without regular assistance from others or to protect himself from the hazards of his daily environment.

The Veteran's low back disability was found to not meet the criteria for a higher rating from August 16, 2008 to September 18, 2010. After September 18, 2010, his disability did not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes warranting a higher rating.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a higher than 20 percent rating for his lumbosacral strain with minimal degenerative changes, L4-5, or for a higher than 10 percent rating for his chronic left L5-S1 radiculopathy.

The Board has determined that the Veteran's lumbar spine disability was not incurred in or aggravated by service, and thus denied service connection. The mood disorder claim is remanded due to a potential issue with the timeliness of the substantive appeal.

The Veteran's lumbosacral DJD was found to have a combined range of motion of 220 degrees, with forward flexion limited to 70 degrees. The current disability rating of 10 percent is maintained prior to February 11, 2011 and the current rating of 20 percent thereafter.

The Board has determined that the Veteran's cervical spine disorder, including degenerative joint disease and degenerative disc disease, can be attributed to his military service. The decision is in favor of granting service connection for this condition.

The Veteran's appeal is being remanded for further development, including obtaining private treatment records and scheduling a VA spine examination to assess the severity of his service-connected lumbar spine disability.

The Board denied service connection for a lumbar spine disability and denied compensable ratings for depression and gastritis and duodenitis from March 8, 2000.

The Board has determined that the Veteran's lower back disability to include spinal stenosis was not incurred in or aggravated by active service and arthritis may not be presumed to have been incurred therein.

The Veteran's claim for increased ratings for thoracolumbar hyperextension strain was denied as the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.