Back / lumbar spine decisions — 2019

The Veteran's appeals for service connection have been withdrawn. The Board is remanding the remaining claims due to lack of a final decision and need for additional medical opinions.

The Board has granted service connection for bilateral lower extremity neuropathy, but denied service connection for a back disability. The neuropathy is linked to the Veteran's cerebellar ataxia, while the back disability is not.

The Board denied the Veteran's claim for service connection for a back disability, finding that his current condition is not related to his active military service.

Effective dates of July 21, 2009 for the grants of service connection and increased ratings have been granted.

The Board has remanded the claims of service connection for a lumbar spine disability, left knee degenerative joint disease with scar, and an increased rating for a left wrist disability due to inadequate examination findings.

The Veteran is granted a TDIU since October 29, 2018, but the claim for TDIU prior to that date is denied. The decision also denies entitlement to a TDIU prior to October 29, 2018.

The Board has withdrawn the claim for PTSD and is remanding the claim for thoracic spine osteoarthritis with lumbar spine degenerative disease due to additional evidence needed.

The Board has remanded the cases for further development and examination to determine if service connection can be established for right knee, left knee, and back conditions.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome, as well as his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's appeals for increased ratings for lumbosacral spine strain and PTSD were denied. The rating for lumbosacral spine strain remains at 20%, while the rating for PTSD is maintained at 70%. Both conditions are rated based on their direct service connection.

The Veteran's service-connected disabilities do not meet the criteria for VR&E benefits as he is successfully pursuing a Juris Doctor degree and has transferable skills that make him suitable for employment.

The Board has remanded the claims for service connection for back and bilateral knee disabilities due to insufficient evidence, including a lack of a VA examination.

The Veteran was already reimbursed the $1,326.60 in attorney's fees originally withheld from his February 22, 2019 rating decision and is no longer seeking to have it returned.

The Veteran's radiculopathy of the left lower extremity was rated as 10 percent prior to May 23, 2016 and granted a rating of 40 percent on and after that date.,For his marked chronic lumbar myositis, the Veteran is not entitled to an initial rating in excess of 20 percent. For his degenerative joint disease of the left knee, he is not entitled to an initial rating in excess of 10 percent prior to March 17, 2016 and as 20 percent on and after that date. His right knee disability was also remanded for further examination.,The Veteran's radiculopathy of the left lower extremity is rated based on incomplete paralysis of the sciatic nerve. The Veteran has been granted a higher rating, but his lumbar myositis and knee disabilities remain at their current ratings.

The Veteran's dementia is granted as secondary to his service-connected diabetes mellitus. He is also granted SMC based on aid and attendance due to his service-connected disabilities, which require him to be in need of regular assistance. The Veteran is also eligible for specially adapted housing.

The Board has determined that the Veteran's low back disorder, including lumbar strain, is service-connected as it resulted from injuries sustained in vehicular accidents during inactive duty for training (INACDUTRA). The decision grants service connection based on direct evidence of a link between the current disability and an incident during active military service.

The Veteran's claim for a rating in excess of 10 percent for lumbosacral strain prior to November 20, 2013 is denied.,The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain after November 20, 2013 is denied.,The Veteran's claim for total disability based on individual unemployability is granted.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's radiculopathy of the right lower extremity secondary to his lumbar spine disorder is currently rated at 10 percent. The Board also finds that a higher rating is not warranted.

The Board has remanded the claim of service connection for a low back disorder due to insufficient evidence regarding its etiology.

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disorder, finding that the evidence did not support a link between his current condition and an in-service injury. The Board concluded that the degenerative changes were more likely due to general wear and tear over the course of the Veteran’s work experience.