Back / lumbar spine decisions — 2019

The Veteran's lumbar spine IVDS and left lower extremity radiculopathy, sciatic nerve, are granted ratings of 40 percent each. The right lower extremity radiculopathy is granted a rating of 20 percent. TDIU is also granted.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence linking his current condition to any in-service injury or disease. The Board also found insufficient evidence of arthritis developing within one year of separation from service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected lumbar spine disability and lower extremity radiculopathy.

The Board has determined that the Veteran's left hip disability, including a left leg length discrepancy and gait abnormality, is related to her service-connected low back disability. The low back disability remains under review for an increased rating. Additionally, the TDIU claim is remanded due to the need for further development regarding the Veteran's employment status.

The Board has determined that the Veteran does not have a current diagnosis of any claimed conditions and finds no evidence to support service connection for these disorders.

The Veteran's claims for service connection of various joint and back disabilities have been denied as there is no evidence of current diagnoses or in-service incurrence.

The Veteran's use of his back brace for his service-connected lumbar spine disability tends to wear or tear his clothing, and the Board finds that this is sufficient to warrant a clothing allowance for the year 2016.

The Veteran's claims for service connection for a low back disability and psychiatric disability (including PTSD and depression) are granted. The claim for the low back disability is remanded due to inadequate medical opinion.

The Board denied a rating in excess of 20 percent for the Veteran's service-connected lumbar degenerative disc disease, finding that the evidence did not show forward flexion limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of chronic in-service injury or disease and no continuity of symptomatology. The Board also found that the Veteran did not meet the criteria for presumptive service connection under 38 C.F.R. § 3.309(a).

The Veteran's service-connected thoracolumbar strain is not found to be the cause of her degenerative arthritis of the lumbar spine and sciatica.,The Veteran's loss of teeth and residuals of dental treatment are not considered a compensable disability for VA compensation purposes.

The Board denied the Veteran's claim for service connection for a low back disability, finding that his current condition was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board also found no continuity of symptomatology since service.

The Board denied a claim for a disability rating in excess of 40 percent for service-connected low back disability from February 15, 2008. The evidence did not show unfavorable ankylosis or incapacitating episodes.

The Board has remanded the cases due to inadequate VA examinations and failure to address functional loss during flare-ups.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's back disability. The examiner is asked to provide a new opinion addressing the onset and progression of the Veteran’s back disabilities during her service.

The Veteran's appeal for SMC higher than (m) plus (k) was denied as his service-connected disabilities do not meet the criteria for a higher rating under section 1114(o). The Veteran has more than one disability rated at 100 percent, but does not have two or more separate and distinct disabilities that would qualify him for SMC rates listed in subsections (l) through (n).

The Veteran's claim for a higher rating for his low back disability prior to July 10, 2017 was granted with an effective date of the same day. The claim for a higher rating after that date and for TDIU were both denied.

The reduction of the rating for the Veteran's service-connected right knee disability from 20% to 10% was not proper and is restored. The claims for increased ratings for both the right knee and lumbar spine disabilities are remanded.

The Board has remanded the cases for additional development, including obtaining missing documents and private treatment records. The Veteran is also asked to submit any additional medical evidence related to his sleep apnea disorder.

The Veteran's right foot metatarsalgia with degenerative arthritis is granted a 20% disability rating, effective November 19, 2014. The Board has also remanded the issues of service connection for back and left sciatic nerve radiculopathy.