Back / lumbar spine decisions — 2019

The RO reduced the Veteran's disability evaluation for his service-connected thoracolumbar spine condition from 40 percent to 20 percent, effective November 1, 2015. The decision is being reversed as improper and the 40 percent rating is restored. However, both issues of an increased evaluation and TDIU are remanded due to need for additional evidence.

The Board has remanded the Veteran's claims of service connection for left knee, right knee, and back disabilities due to outstanding records and need for additional medical opinions.

The Veteran's right and left knee patellofemoral syndrome, arthritis of the lumbar spine with lumbar strain, and right foot metatarsalgia with calcaneal spur are not rated higher than 10 percent prior to May 16, 2011.,For the period beginning May 16, 2011, the Veteran's right knee patellofemoral syndrome is rated at 10 percent; left knee patellofemoral syndrome and arthritis of the lumbar spine with lumbar strain are each rated at 10 percent; and right foot metatarsalgia with calcaneal spur is rated at 20 percent.,The Veteran's tension headaches are rated at 30 percent prior to May 16, 2011, and 40 percent beginning May 16, 2011.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disorder, including arthritis and stenosis.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence of record. The Veteran will need to undergo VA examinations and provide etiology opinions regarding his back, bilateral knee, hand, hearing loss, and tinnitus conditions.

The Board has granted the Veteran's application to reopen his claim for service connection for a back disability. The claims for service connection for left shoulder and bilateral flat foot disabilities are remanded due to insufficient evidence.

The Veteran's claim for an increased rating of his service-connected intervertebral disc syndrome (IVDS) with lumbar laminectomy scar was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.,The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was considered abandoned due to his failure to submit requested information and forms.

The Veteran's claims for increased ratings for right shoulder, lumbar spine, and right knee degenerative arthritis have been denied as the evidence does not show that his conditions meet or approximate the criteria for a higher disability rating under the applicable rating schedule.

The Veteran's claim for a low back disability and TMJ was reopened, with the new evidence showing diagnoses of low back pain and TMJ. The Veteran's bilateral hearing loss is service-connected as it is at least as likely as not due to her service-connected vertigo.,The Veteran's DDD of the cervical spine has been granted a 30% disability rating, which is the maximum schedular rating available under VA regulations.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed below.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to inadequate examination and failure to address all relevant factors.

The Veteran's low back disability, characterized by painful motion on forward flexion to 70 degrees with a combined range of motion (CROM) of 200 degrees and no tenderness or muscle spasms, has been rated at 10 percent since the initial rating period. The Board found that this rating is appropriate given the Veteran's functional limitations but noted that he did not meet criteria for higher ratings due to additional loss of range of motion during flare-ups or use over time.

The Veteran's claim for service connection for vertigo with dizziness has been dismissed. The Veteran's PTSD is now rated at 70 percent effective April 29, 2018.,The Veteran's right shoulder condition, back condition, left knee condition, and right knee condition are all pending and need further evaluation by a VA medical professional.

The Veteran's service-connected degenerative disc disease of the lumbar spine is being remanded for a new examination to assess its current severity.

The Veteran's service-connected disabilities did not meet the schedular requirements for TDIU prior to October 28, 2008. The Board has referred this case to the Director, Compensation Service for consideration of an extraschedular TDIU rating.

The Veteran's mood disorder due to GMC is granted as secondary to his service-connected degenerative disc disease, lumbar spine. The rating for his degenerative disc disease of the lumbar spine remains at 40 percent, and a higher rating is denied. His left lower extremity radiculopathy is rated at 10 percent from April 1, 2013, with restoration to 20 percent effective that date. The claim for TDIU is remanded.

The Veteran's prostate cancer was not incurred or aggravated by service, and the Board denied his claim for service connection. The appeal is also remanded for further examination regarding special monthly compensation based on need for aid and attendance/housebound.

The Board denied the Veteran's application to reopen his claim of service connection for a back disorder, finding that new and material evidence had not been received. The evidence submitted was considered duplicative and did not raise a reasonable possibility of substantiating the claim.

The Board has remanded several claims, including those for PTSD, left rotator cuff disability, depression, and a lumbar disability. The Veteran's representative withdrew his request for a hearing, and the AOJ must review all evidence received since the November 2015 statement of the case.

The Veteran's claim for an increased rating greater than 10 percent for degenerative changes of the lumbosacral spine with intervertebral disc syndrome (IVDS) is being remanded due to inadequate examination and lack of information regarding flare-ups.