Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for service connection for various disabilities, including cervical spine disability, lumbar spine disability, bilateral hip disability, bilateral plantar fasciitis, and bladder cancer. The remand requires obtaining additional medical records and providing etiological opinions regarding the onset of these conditions during active service.

The Board denied the Veteran's claim for an effective date earlier than January 6, 2014 for the award of increased ratings for service-connected lumbar spine, left lower extremity sciatic radiculopathy, right knee, and left lower extremity varicose vein disabilities. The evidence showed a factually ascertainable increase in severity on or before January 6, 2014, but no earlier effective date was granted as there was no medical evidence of increased severity within the year prior to the claim.

The Veteran's claims for increased ratings for back and right ankle disabilities are being remanded due to his failure to appear for scheduled VA examinations. The examinations will be rescheduled, and the Veteran will need to provide good cause for not appearing.

The Veteran's depressive disorder and lumbar spine disability have been granted increased ratings, but the issues of higher ratings for both conditions are being remanded. The stomach disorder issue is also being remanded.

The Veteran's appeals for increased ratings and TDIU were denied. The rating for low back strain, radiculopathy (right lower extremity), PTSD, and somatic symptom pain disorder remain at 40%, 10%, 70%, and 70% respectively. A total disability rating based on individual unemployability was granted from September 18, 2018.

The Board denied a rating in excess of 10 percent for the Veteran's back disability, finding that her range of motion did not meet the criteria for higher ratings under either the IVDS or General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that further development is necessary to determine the nature and etiology of any current disabilities, including those related to a broken sternum, injury to the coccyx, injury to the cervical spine, and thoracolumbar degenerative arthritis. The Veteran's claims for service connection are being remanded.

The Veteran's lumbosacral strain and radiculopathy of the right lower extremity (sciatic nerve) have been granted increased ratings, with the lumbosacral strain rated at 40% effective October 28, 2014, and the radiculopathy rated at 20% effective May 16, 2018.

The Board has granted service connection for the Veteran's low back disability and bilateral lower extremity radiculopathy, finding that these conditions are related to his in-service injury. The effective date is not specified.

The Board has remanded the claims of service connection for residuals of a head injury, to include TBI and headaches, and rating in excess of 20 percent for service-connected lumbar spondylosis, to include whether a separate rating is warranted for right leg radiculopathy.

The Veteran's claim for a higher rating for his lumbar spine disability with surgical scar is remanded. The claim for service connection for a sleep disorder to include sleep apnea is also remanded.

The Veteran's claim for a higher rating and the propriety of reducing his disability rating from 40 to 20 percent is being remanded due to an alleged duty to assist error. The Board finds that a VA examination should have been conducted before issuing the May 2018 RAMP decision.

The Board denied the Veteran's claim for service connection for a low back condition, finding that there was no evidence of an in-service injury and that the current condition is not related to service.

The Veteran's claim for an earlier effective date for service connection of degenerative arthritis, intervertebral disc syndrome, and thoracolumbar spondylosis was denied as the evidence did not raise a question about secondary service connection.

The Veteran's right knee patella tendonitis and lumbosacral strain have worsened since the last VA examination in August 2012. The Board finds that a more current examination is necessary to assess the severity of these disabilities.

The Veteran was granted a 100% educational assistance benefit level under the Post-9/11 GI Bill due to his service-connected disabilities and over 30 continuous days of active duty.

The Board has granted service connection for migraine headaches. The remaining issues of service connection have been remanded.

The Board has remanded the case due to the need for an addendum opinion regarding whether the Veteran's lumbar spine disability, including degenerative disc disease, was caused or aggravated by his service-connected bilateral pes planus.

The claim for service connection of a right ankle disorder is reopened. The claims for service connection of a back disorder and left leg radiculopathy are remanded.

The Veteran's thoracolumbar strain is currently rated at 10 percent, and the Board has remanded to determine if a higher evaluation is warranted. The issue of TDIU remains unresolved as it was not part of the appeal.