Back / lumbar spine decisions — 2019

The Board has determined that an earlier effective date for the grant of service connection for lumbar strain is not warranted. The appeal will be remanded to obtain SSA records and to consider a TDIU claim.

The Board dismissed the appeal because the appellant requested to withdraw it.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected bilateral knee and right ankle disabilities caused or aggravated his intervertebral disc syndrome.

The Veteran's claim for service connection of lumbar spine DJD has been reopened. The Board finds new and material evidence to support the reopening of this claim.,Service connection for right wrist tendonitis, disability manifested as fluid retention and proteinuria, bilateral knee disability, and bilateral pes planus is remanded.

The Veteran's postoperative right femur fracture with anterior cruciate injury is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5257.,Right knee limitation of motion has been rated at 10 percent since July 2008. The current range of motion does not warrant a higher rating.

The Board has denied the appellant's claims for increased ratings and service connection for various conditions, including tinnitus, back disability, bilateral hearing loss, PTSD, bilateral lower extremity neuropathy, diabetes mellitus, high blood pressure, and spinal meningitis. The decision also remanded several issues related to these conditions.

The Veteran's claims for higher ratings of his service-connected DJD of the thoracolumbar spine have been remanded due to insufficient development and evaluation.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the spine with lumbar disc herniation and nerve root compression is being remanded due to the need for additional development, including a new VA examination to assess functional limitation during flare-ups.

The Board has decided to remand the Veteran's claims for initial compensable disability ratings for his service-connected right knee, left ankle, and cervical spine disorders due to a lack of VA examinations.

The Board has determined that new and material evidence was presented to reopen the claim of service connection for a cervical spine disability. The Veteran's current diagnosis of cervical spine degenerative disc disease is considered etiologically related to his active duty service, with the opinion of a VA physician supporting this conclusion.

The Veteran's lumbar spine disability and associated radiculopathy have been rated at the maximum allowable under current criteria. The Board has remanded for further development.

The Board has granted service connection for the Veteran's back disability, finding that it is related to his active duty service.

The Veteran's service-connected disabilities, including adjustment disorder with depressed mood and posttraumatic stress disorder (PTSD), lumbar muscular strain with degenerative disc disease, rendered him unable to secure or follow substantially gainful employment as of June 10, 2010. The Board granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis starting from that date.

The Board has denied the Veteran's claims for service connection for a back disability, bilateral hip disability, bilateral knee disability, and an acquired psychiatric disorder (PTSD, mood disorder, anxiety and depression) as there is no evidence that these conditions began during active service or are otherwise related to in-service injuries or diseases.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current low back disorder is related to his military service.

The Veteran's appeal for increased ratings and service connection for PTSD, low back disability, and right knee disability is denied. The Board finds that further development is necessary before the remaining issues can be properly adjudicated.

The Veteran's petition to reopen claims for service connection for right and left hip disabilities, as well as her degenerative arthritis of the right hand, was granted. A rating in excess of 20 percent for low back strain is denied. The Veteran's bilateral pes planus is rated at a 30 percent since April 2, 2016.

The Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU rating prior to December 5, 2016. The Board denied his claim as he did not have at least one disability rated at 40 percent with a combined evaluation of 80 percent.

The Veteran's lower back disability was denied a rating in excess of 20 percent for the period prior to December 23, 2016 and a rating in excess of 40 percent since that date.

The Veteran's claims of service connection for various conditions, including bilateral foot condition, respiratory disability (breathing problems), headaches, lumbar spine and cervical spine disabilities, bilateral ankle disability, and sleeping disorder are being remanded due to the need for additional examinations or medical opinions.