Back / lumbar spine decisions — 2019

The Board has remanded the cases for further development and examination due to inadequate opinions in previous examinations.

The Board has denied an initial compensable rating for service-connected epistaxis with nasal septum perforation and secondary rhinitis, but has remanded the issue of service connection for mechanical low back pain.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine disability and right and left lower extremity radiculopathy due to inadequate medical examination. The case will be returned for further development.

The Veteran's lumbar spine degenerative disc disease has been rated at 40 percent since September 6, 2018. The Board found that the Veteran’s thoracolumbar spine forward flexion was limited to up to 20 degrees during the period on appeal.,The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities prior to April 18, 2018.

The Board denied service connection for right knee, left knee, and back disorders as secondary to the service-connected bilateral foot disorder. The appeal was also denied for service connection of hip disorders (right hip and left hip) as secondary to the service-connected bilateral foot disorder.

The Board has remanded the cases due to inadequate addendum medical opinions regarding whether the Veteran's service-connected left knee disability aggravated her right knee, right hip, and lumbar spine disabilities.

The Veteran's service connection claim for a disability of the uterus is denied as there is no evidence that her condition was incurred in or related to her active duty. The Veteran's low back condition, characterized as lumbosacral strain with degenerative disc disease and IVDS, has been granted a 40 percent rating throughout the period on appeal.

The Board has determined that a remand is necessary to ensure proper development and consideration of the Veteran's claims, including for an examination to assess the current severity of his service-connected nasal disability.

The Board has remanded the Veteran's claims of service connection for a back disability and a right leg disability due to insufficient medical opinions addressing the relationship between his current disabilities and his military service.

The Veteran's lumbar spine disability is remanded for a retrospective medical opinion on additional loss of range of motion due to flare-ups, and for an extraschedular rating and aid and attendance examination.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board has found that a higher rating is not warranted due to lack of unfavorable ankylosis.,The Veteran's radiculopathy of the left and right lower extremities are both currently rated at 20 percent. The Board has determined that these ratings are also not appropriate given the current evidence.

The Board has determined that the Veteran's lower back, bilateral ankle, and bilateral knee disabilities are related to service. However, due to inadequate medical opinions and outstanding records, the claims must be remanded for further development.

The Veteran's claim for service connection for bilateral hearing loss has been granted.,The Veteran's claim for reopening of his back disability claim has been remanded.

The Veteran's appeal for a higher rating for his low back disability was withdrawn before the Board could make a decision.

The Board denied the Veteran's claim for service connection for bilateral carpal tunnel syndrome, finding that there was no evidence of a disease or injury to the hands or wrists in service and that the current diagnosis is not related to service.,The Board also denied the Veteran's claim for an increased rating in excess of 40 percent for degenerative disc disease (DDD) of the lumbar spine. The Board found that there was no evidence of unfavorable ankylosis, which would warrant a higher rating.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need to obtain additional medical evidence.

The Board denied the Veteran's claim for service connection for a low back disability, including as due to ionizing radiation exposure. The evidence did not establish that the Veteran participated in any radiation-risk activities or had a radiogenic disease related to his current low back disability.

The Veteran's disability rating for mechanical low back pain with degenerative changes in the lumbar spine and IVDS was reduced from 50% to 10%, effective November 1, 2017. The reduction was proper as there was actual improvement in his condition.

The claim to service connection for a back disability will be reopened and the case is remanded for further development.

The Veteran's service-connected disabilities did not preclude him from obtaining or retaining substantially gainful employment prior to October 6, 2014.