Back / lumbar spine decisions — 2019

The Board has determined that the Veteran does not have a right ankle disability related to his military service and has denied service connection for this condition. The claims for left shoulder sprain, left ankle sprain, low back disability, sciatic pain, and bilateral hearing loss are remanded for further development.

The Veteran's claim for a higher rating for lumbar spondylosis with degenerative changes at L4-L5 and L5-S1 levels was denied as his forward flexion of the thoracolumbar spine has been consistently greater than 30 degrees, meeting the criteria for a 20 percent rating.

The Board has remanded the cases of service connection for foot conditions and low back conditions due to insufficient medical opinions in previous examinations.

The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for lumbar discogenic disease, degenerative disc disease (DDD), radiculopathy, sciatic nerve, right lower extremity, and radiculopathy, left lower extremity. The Veteran should be provided an opportunity for a VA examination to assess the current severity and manifestations of his service-connected lumbar spine disability and associated radiculopathies.

The Veteran's bilateral dry eye syndrome is granted a 20 percent rating from September 2, 2013 to August 10, 2016 and a 50 percent rating as of August 10, 2016. The Veteran's lumbar spine disability is granted a 40 percent rating as of February 6, 2014.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and respiratory disability due to inadequate duty to assist, including obtaining appropriate examinations. The Joint Motion requires that the Board remand the case for new examinations with due regard for service records reflecting conditions of the back and respiratory system. The Veteran is also required to provide additional evidence regarding his exposure to environmental toxins in service.

The Board has granted service connection for chronic low back pain with loss of lumbar lordosis and decreased mobility of the lower lumbar levels, finding that the evidence is at least evenly balanced as to whether this condition is related to service.

The Veteran's service-connected DDD of the lumbar spine and associated nerve root compression have been rated at 40 percent since February 15, 2012. The Board finds that a higher rating is not warranted for any period prior to or after this date.

The Veteran's appeal for a TDIU is dismissed as moot because he is already receiving a combined 100 percent schedular rating for his service-connected disabilities.

The Veteran's claim for an increased rating for her service-connected lumbosacral spine disability is remanded due to the need for a new VA examination and additional medical records.

The Veteran is granted a disability evaluation of 40 percent for his low back disability beginning on September 18, 2019.,The Veteran is also granted a disability evaluation of 40 percent for radiculopathy of the right and left lower extremities.

The Veteran's back brace, used for his service-connected low back disability, caused wear and tear to his clothing. The Board granted a clothing allowance for the year 2015.

The Board has granted service connection for tinea pedis. The Veteran's claims for a lumbar spine disorder, radiculopathy of the bilateral lower extremities, and migraines are remanded due to incomplete development.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability, as secondary to his service-connected lumbar spine disability. The claims are also being remanded for an increased rating and temporary total evaluations due to treatment of his service-connected lumbar spine disability.

The Board has remanded the case due to an error in not ensuring that the Veteran's complete service record is within his file. The case will be returned for further action.

The Board has remanded the case due to incomplete VA examination and treatment records, and a need for an updated VA examination.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral spine, herniated disc was denied as the evidence did not show forward flexion to 30 degrees or less nor unfavorable ankylosis.,The Veteran's claim for a rating in excess of 20 percent for right lower extremity radiculopathy was denied as the evidence did not support moderately severe incomplete paralysis.

The Veteran's 40 percent rating for lumbosacral strain is restored.,The Veteran is granted TDIU prior to August 19, 2015.

The Board has denied the Veteran's claims for increased ratings for hypertension, lumbar spine disability, and bilateral lower extremity radiculopathy. The cases are being remanded due to inadequate examinations.

The Veteran's claim for a back disorder is denied as there is no evidence of a current disability or in-service injury, event, or disease.,The Veteran's claim for patchy hypopigmentation is denied as the condition did not begin during service and is not related to an in-service injury, event, or disease.