Back / lumbar spine decisions — 2019

The Veteran's lumbar spine disability is rated at 40 percent since April 9, 2018. He also received a separate 10 percent rating for left lower extremity radiculopathy.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's chronic lumbar spine disability, which may be related to service.

The Veteran's lumbar spine disability is denied for increased ratings, as the evidence does not show forward flexion limited to 30 degrees or less and no ankylosis of the lumbar spine.

The Board has determined that the Veteran's claims for service connection and petitions to reopen his previously denied claims require additional development, including obtaining outstanding records from VA treatment facilities, Army hospitals, workers' compensation claims, and Social Security Administration. The AOJ must also schedule a VA examination to evaluate the Veteran's right shoulder disability.

The Board denied service connection for a bilateral shoulder disability, lumbar spine disability, and psychiatric disorder (including PTSD and depressive disorder) due to lack of evidence linking these conditions to service.

The Veteran's claim for a right arm condition is denied as there is no evidence of an in-service injury or disease, and the current disability is not related to service.,The effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine is denied because the earliest communication prior to November 6, 2014 did not constitute a claim for this condition.,Service connection for bilateral feet disability and bilateral degenerative joint disease/arthritis of the knees secondary to service-connected lumbosacral strain with degenerative arthritis of the spine is remanded due to inadequate etiology opinions in the June 2015 VA examination.,The Veteran's claim for an initial rating in excess of 40 percent for service-connected lumbosacral strain with degenerative arthritis of the spine is remanded as the January 2015 VA Back Conditions Disability Benefits Questionnaire did not provide information on additional limitation of motion due to flare-ups or repeated use over time.,The Veteran's claim for an acquired psychiatric disability is remanded.

The Veteran's claims for increased ratings for his lumbar spine and lower extremity radiculopathy disabilities have been denied. The VA has determined that the current 20 percent ratings adequately reflect the functional impairment attributable to these conditions.,The Board found no evidence of ankylosis or incapacitating episodes, which would warrant a higher rating under the applicable criteria.

The Board has remanded the cases for additional development and examination, including obtaining missing service treatment records and private medical records.

The Board has remanded the Veteran's claims for a lumbar spine disability and TDIU due to procedural issues, including insufficient examination findings and failure to provide proper notice regarding TDIU.

The Veteran's claim for service connection of a psychiatric disability has been reopened, but the evidence does not meet the criteria to establish service connection.,Service connection was denied for lumbosacral strain (low back disability) and headaches due to lack of in-service diagnosis or causation.

The Veteran's claim for a disability rating in excess of 40 percent for his service-connected anterolisthesis with spondylolysis of L5 with degenerative disc disease, lumbar spine with general osteopenia of the thoracic spine is being remanded due to concerns about ankylosis and need for updated medical records.

The Board has granted service connection for arthritis of the lumbar spine, finding that the Veteran experienced near-continuous low back pain/strain related to arthritis since his separation from service. The decision is based on a showing of continuity of symptomatology.

The Board denied the Veteran's claim for service connection for a low back disability, finding that his current condition did not manifest during active service and is not otherwise etiologically related to such service.

The Veteran's claim for service connection for lumbar strain and degenerative changes of the thoracolumbar spine is being remanded due to the need for additional medical examination. The Board also notes that records from the Pensacola Naval Hospital and Minneapolis VA Medical Center should be obtained.

The Veteran's lumbar spine disability is found to be aggravated by his service-connected right thigh myositis ossificans, and thus granted service connection for this condition.

The Board has decided to remand the Veteran's claims for service connection for a back condition and tinnitus due to inadequate opinions from VA examiners that did not consider the Veteran's lay statements regarding his symptoms.

The Board has granted service connection for the Veteran's right foot disability, back disability (secondary to his right foot disability), and denied service connection for a sleep disorder as secondary to his right foot disability and back disability. The extent of these disabilities is not before the Board at this time.

The Board has denied service connection for a right knee disability and a low back disability, finding that the preponderance of evidence is against these claims.

The Board has decided to remand the Veteran's claims for increased ratings for lumbar strain, limitation of motion of the thoracic spine, and left lower extremity radiculopathy. The VA is required to obtain additional medical evidence and provide a new examination to assess the severity of these conditions.

The Board has granted service connection for tinnitus and remanded the issues of service connection for degenerative disc disease of the cervical spine and lumbar spine.