Back / lumbar spine decisions — 2020

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's low back disability and his service, including carrying heavy equipment during combat in Vietnam.

The Board has determined that the Veteran does not have a current disability associated with pain and weakness of the bilateral legs or left foot neuropathy, and thus service connection for these conditions is denied.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was denied as the evidence did not show he is unemployable as a result of his service-connected conditions.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of a chronic disease during service or within one year after separation. The Board also found that the current disability is not related to service.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and development of records. The issues include urinary tract infections, a neck condition, and sleep apnea.

The Veteran's claims for compensation under 38 U.S.C. § 1151 were denied as the evidence does not show that his additional disability was due to VA carelessness, negligence, lack of proper skill, error in judgment or other instance of fault.

The Board has decided to remand the case due to insufficient evidence regarding the onset of the Veteran's low back disability during service.

The Board has decided to remand the case for an adequate VA examination and opinion regarding the Veteran's right leg radiculopathy, which is claimed as secondary to his service-connected lumbosacral strain. The current VA examinations were inadequate in evaluating the Veteran's hip, buttock, and leg pain.

The Board denied service connection for hearing loss of the right ear, bilateral knee disorder, and low back disorder due to lack of evidence showing a nexus between these conditions and military service.

The Veteran's low back disability is currently rated at 10 percent, and the Board found no evidence of a higher rating based on limitation of motion or IVDS.,The Veteran's right knee disability is currently rated at 10 percent, and the Board found no evidence of a higher rating based on limitation of motion.

The Veteran's back disability is rated at 20 percent effective March 14, 2013. The rating will remain at 20 percent until December 22, 2014 when it increases to 40 percent.

The Board has denied service connection for bilateral foot, back, acquired psychiatric, and sleep disorders due to a lack of evidence linking these conditions to the Veteran's military service.

The Board has granted service connection for bilateral ankle, left knee, and low back disabilities as secondary to the Veteran's service-connected bilateral pes planus.

The Veteran's low back disorder is denied as the evidence does not show a relationship to service or arthritis manifested within one year of separation.,Anemia, middle finger left hand vascular calcification, peripheral neuropathy of the upper and lower extremities, and an acquired psychiatric disorder are all remanded for further evaluation due to secondary service connection claims.,The Veteran's TDIU claim is also remanded as it is inextricably intertwined with the above issues.

The Board denied an initial rating higher than 10 percent for a lumbar spine disability, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion and pain.

For the entire period on appeal, an initial evaluation of 50 percent for a headache disorder is granted.,Prior to May 14, 2016, an initial evaluation in excess of 10 percent for a left shoulder disability is denied. From May 14, 2016, an evaluation of 20 percent, but no higher, for the same condition is granted.,For the entire period on appeal, an initial evaluation in excess of 10 percent for a thoracolumbar spine disability is denied. Prior to July 24, 2019, an initial evaluation in excess of 10 percent for radiculopathy of the left lower extremity associated with the Veteran’s service-connected thoracolumbar spine disability is granted.,For the period on appeal prior to July 24, 2019, an initial evaluation in excess of 10 percent for a left knee disability is denied. From July 24, 2019, an evaluation in excess of 20 percent for the same condition is remanded.

The Board denied service connection for a back disability, finding that the evidence was insufficient to show that the Veteran's current back disability occurred during or within one year after separation from her active service, or was otherwise related to her service.

The Veteran's DMII does not require regulation of activities, and his lumbar spine disability is currently rated at 20 percent prior to May 8, 2019, and 20 percent thereafter. The Veteran’s right shoulder, cervical spine, right knee, and right foot disabilities are all rated at the maximum allowable under their respective diagnostic codes.,The Veteran's fecal leakage and chronic nerve problems were not found to be service-connected.

The Veteran's IVDS, lumbar spine, is rated at 40 percent prior to May 21, 2012. From May 21, 2012, the rating for IVDS remains at 40 percent. The left lumbar radiculopathy associated with IVDS is rated at 40 percent from October 24, 2011 to February 10, 2014.

The Board denied the Veteran's claims for an extraschedular rating for his low back disability and a total disability rating due to individual unemployability (TDIU). The Board found that the available schedular evaluations adequately described the Veteran’s disability level and symptomatology, and there were no related factors such as marked interference with employment or frequent periods of hospitalization.