Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities have not been shown to preclude substantially gainful employment prior to April 7, 2011. Therefore, entitlement to a TDIU is denied for the period prior to that date.

The Board has restored the Veteran's 40 percent rating for multilevel degenerative disc disease, but has remanded the issue of entitlement to a higher rating due to lack of proper findings in the reduction process. The case is also remanded for an examination to determine the current severity of the Veteran's back disability.

The Board has restored the Veteran's 20 percent rating for cervical spine disability, finding that the reduction from 20 to 10 percent was improper due to insufficient evidence of material improvement under the ordinary conditions of life.

The Board has remanded the cases for readjudication due to receipt of additional VA treatment records and examination reports. The claims are not yet decided.

The Board has remanded the case for further development and examination, including to determine if the Veteran's current low back disorder is related to his in-service treatment.

The Board has remanded the case due to insufficient evidence to substantiate a reasonable possibility that the Veteran was unemployable by reason of his service-connected back disability prior to August 8, 2012. The claim is now referred to the Director, Compensation Service for extraschedular consideration.

The Board has remanded the Veteran's claims for service connection for right knee, back, and right hip disorders due to incomplete opinions in previous examinations. The case is returned for further development.

The Board has dismissed all appeals related to service connection claims due to the death of the appellant.

The Veteran's claim for a higher rating for his acquired psychiatric disability was granted effective February 5, 2016. The appeal regarding the assignment of an earlier effective date for this rating is dismissed.

The Board has remanded two issues: service connection for anxiety and service connection for a back disability. The Veteran's anxiety is related to his in-service injury, but the nature of the back condition remains unclear. Further examination is needed.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the left and right lower extremities involving the sciatic nerve have been denied.,For the entire disability rating period under appeal, the Veteran's degenerative disc disease of the lumbar spine was not manifested by forward flexion limited to 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine; or symptomatology resulting in incapacitating episodes having a total duration of at least four weeks during a 12-month period.,Prior to February 9, 2017, the Veteran's radiculopathy of the left lower extremity most nearly approximated moderate incomplete paralysis of the sciatic nerve. From February 9, 2017, and thereafter, the Veteran's radiculopathy of the right lower extremity most nearly approximated moderately severe incomplete paralysis of the sciatic nerve.,The criteria for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine have not been met. The criteria for a rating in excess of 20 percent for radiculopathy of the left lower extremity, affecting the sciatic nerve, have not been met. The criteria for a rating of 20 percent, and no higher for radiculopathy of the left lower extremity, affecting the sciatic nerve, prior to February 9, 2017, have been met. The criteria for a rating in excess of 40 percent for radiculopathy of the right lower extremity, affecting the sciatic nerve, from February 9, 2017, and thereafter, have not been met.

The Board granted service connection for lumbosacral strain with degenerative arthritis of the spine and spinal stenosis, effective October 3, 2018. The effective date was determined based on the petition to reopen the claim received by VA on that day.

The Veteran's claim for an increased rating for his service-connected spinal stenosis of the lumbar spine is being remanded due to new evidence and need for a further examination.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder, finding that there is no evidence of chronic disability during or immediately after service and insufficient medical evidence to establish a link between current symptoms and military service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claim for a lumbar spine disorder. The Veteran was previously denied but reopened his claim, and he is seeking service connection based on an in-service injury during training exercises.

The Board has remanded the appellant's claims for an initial compensable rating for his lumbar spine disabilities and service connection for a sleep disorder. The VA is instructed to obtain treatment records, schedule examinations, and readjudicate the cases.

The Board has determined that the Veteran's lumbar spine disorder is at least as likely as not secondary to his service-connected bilateral knee disabilities, and thus grants service connection for this condition.

The Board has decided that the Veteran's back disability may be related to service, but needs further examination and opinion.

The Board has decided to remand the claims for a back condition and tinnitus due to the need for additional medical opinions and updated VA treatment records.

The Board has decided to remand the Veteran's claims for spine disabilities due to new evidence and increased symptomatology. A new VA examination is needed to assess the current severity of his service-connected lumbar, thoracic, and cervical spine conditions.