Back / lumbar spine decisions — 2019

The Veteran's right and left knee disorders, as well as his neurological disorders of the lower extremities and headaches, are found to be related to service. His bilateral foot disorder is not considered due to service.

The Board's decision on the increased rating claims for left and right shoulder tendinitis, as well as the lumbar strain (claimed as a back condition), is vacated due to denial of due process. The issues are now remanded for further review.

The Board has determined that further development is needed to consider the Veteran's claims, including obtaining his SSA records and readjudicating them in light of all additional evidence.

The Veteran's claim for an increased evaluation for his service-connected degenerative arthritis of the spine with lumbosacral strain and intervertebral disc syndrome is being remanded due to inadequate VA examinations. The issue remains on appeal.

The Board has determined that new examinations are necessary for the Veteran's service-connected lumbar strain, bilateral plantar fasciitis, and traumatic brain injury (TBI) due to outdated examination reports. The cases are being remanded for further evaluation.

The Board denied service connection for lower back and left knee disorders on the basis that there was no evidence of a nexus between the current conditions and military service.

The Veteran's service connection claims for bilateral hearing loss and lower back disorder are being remanded due to the need for additional development, including obtaining private medical records and scheduling a VA examination.

The Veteran's lumbar spine disorder is currently rated at 10 percent based on limitation of motion, and the Board finds this rating to be appropriate given his range of motion findings.,The Veteran's TDIU claim was denied as he did not meet the schedular criteria for a total disability evaluation due to service-connected disabilities.

The Board has remanded the case due to insufficient development, including a need for an additional VA examination and obtaining private medical records.

The Veteran's appeal for a higher rating for his degenerative disc disease with spondylolisthesis was dismissed because the Veteran withdrew his request for a hearing and did not allege any errors of fact or law.

The Board has granted service connection for a left ankle disability, nerve damage in the left foot as secondary to a left ankle disability, and a back disability, either directly due to service or as secondary to a left ankle disability.

The Veteran's radiculopathy of the left lower extremity is rated at 40 percent, effective February 10, 2016. The Veteran's degenerative arthritis of the lumbar spine remains rated at 20 percent.

The Board has remanded the claim for service connection of a low back disability as secondary to a left ankle disability due to an inadequate addendum opinion from the VA examiner. The new addendum opinion must consider the fact that the Veteran's left leg is ¾ inch shorter than his right leg due to surgery for his left ankle condition.

The Veteran's PTSD with major depressive disorder is currently rated at 70 percent, but the Board finds that a higher rating is not warranted. The back and knee disabilities are remanded for additional examination.

The Veteran's appeal for service connection for depression, fatigue and lethargy is remanded due to the need for a comprehensive nerve evaluation.,The Veteran's appeals for increased ratings of radiculopathy in both upper and lower extremities are also remanded as current evidence does not provide a clear picture of their severity.

The Veteran's lumbar spine disability is rated at 20 percent, effective the day of the examination. The right knee disability remains at a 10 percent rating.

The Veteran's lumbosacral strain disability resulted in forward flexion of the thoracolumbar spine at least 30 degrees but less than 60 degrees from November 13, 2013 to January 2, 2018. The Board granted a 40% disability rating for this period.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine is at least as likely as not related to his military service, and thus grants service connection for this condition.

The Veteran's claims for service connection for major depressive disorder and chronic rhinitis are granted. Service connection is denied for lumbar spine DDD, DA, and left hip disorder.

The Veteran's PTSD with major depressive disorder is rated at the maximum schedular rating of 100 percent since May 13, 2014. The Veteran’s lumbar spine strain is currently rated at 20 percent.,The issue of entitlement to a total disability rating based on individual unemployability remains on appeal as it was raised in conjunction with the increased rating claim for PTSD.