Back / lumbar spine decisions — 2018

The Board has remanded the claims for further development due to inadequate medical opinions and incomplete treatment records.

The Veteran's appeal is being remanded for additional development, including another VA examination and an addendum medical opinion. The issues are whether the Veteran's back disability warrants a higher initial rating and if his chronic sinusitis is related to service.

The Board has remanded the case due to unclear dates of service and a need for further development.

The Board has determined that the Veteran's low back disability is service connected as it began during his active duty and there is no evidence to dispute this finding.

The Veteran's claims for increased ratings for lumbar spine degenerative arthritis with intervertebral disc syndrome, right lower extremity neuropathy, and left lower extremity neuropathy have been denied as the evidence does not support a higher rating under the applicable VA rating criteria.

The Veteran's traumatic arthritis of the lumbosacral spine is rated at 40 percent since October 16, 2012. Prior to that date, a rating in excess of 40 percent was not granted.

The Board has remanded the case to the AOJ for further development, including obtaining medical opinions and updating treatment records. The Veteran's claim will be reconsidered based on this additional information.

The Veteran's low back and cervical spine conditions have not met the criteria for a higher rating, as there is no evidence of forward flexion of the thoracolumbar or cervical spine to 30 degrees or less, nor has there been ankylosis. The Veteran reported flare-ups but did not demonstrate additional limitation of motion during these episodes.

The Veteran's low back strain and radiculopathies have been rated based on their service-connected status, with the most recent rating of 40% for his low back strain from December 19, 2016. The radiculopathies are currently rated at 10%. These ratings reflect the severity of the Veteran's conditions as determined by VA criteria.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, meeting the schedular criteria for TDIU since February 8, 2016. The Board has referred the case to the Under Secretary for Benefits or Director of Compensation and Pension Service for an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's claim for increased ratings for a lumbar spine disability is being remanded due to the need for additional examination and development.

The Veteran's service-connected disabilities have not resulted in any new diagnoses or conditions that would warrant increased ratings. The right and left wrist carpal tunnel syndromes are resolved, as is the lumbar spine disability. The cervical spine disability remains not service connected.,No current evidence of radiculopathy or hearing loss has been found.

The Board has determined that the Veteran's lumbar spine disability was not incurred or aggravated by his active service, and thus denied his claim for service connection.

The Veteran's radiculopathy of the right lower extremity is granted as secondary to his service-connected lumbosacral strain with DDD.

The Veteran's back disability is rated at 20 percent since April 28, 2011. The Board found that the evidence was in equipoise as to whether the Veteran's flexion limitation more nearly approximated a 20% rating prior to March 2, 2017.

The Veteran's back disability was granted service connection, but his bilateral knee disability and right shoulder impingement with rotator cuff tear were denied. The case is remanded for additional development.

The Veteran's lumbar spine disability has been rated at 10 percent, but the Board finds that it does not warrant a higher rating based on the current evidence of record.

The Board denied a higher disability rating for the Veteran's cervical spine DDD, C6-7, with spondylosis, finding that his symptoms did not warrant an increased rating.

The Board has determined that the Veteran's claim for service connection for a back disorder is denied as there is no evidence to support a finding of in-service injury or disease, and the current condition is not related to his military service.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and a medical opinion regarding his service-connected disabilities and any acquired psychiatric disability.