Back / lumbar spine decisions — 2020

The Veteran's cervical spine condition was rated at 20% effective August 28, 2018. The lumbosacral strain with intervertebral disc syndrome was rated at 40% effective April 26, 2018.,Effective September 9, 2016, the Veteran's radiculopathy of the right upper extremity and left upper extremity were granted service connection. The right knee osteoarthritis and left knee strain have been rated at 20% since their respective effective dates.,The reduction in ratings for the knees was restored to pre-reduction levels.

The Veteran's back disability, right and left lower extremity radiculopathy, and chronic conjunctivitis are all rated at the maximum allowable levels. The rating for PTSD remains denied.

The Board has determined that the Veteran's claim for service connection for a bilateral eye disability is denied as there is no current diagnosis of pterygium and the condition did not result from in-service exposure.,The Board has also determined that the Veteran's claims for service connection for a lumbar spine disability and headache disability are remanded due to the need for additional examinations.

The Board denied the Veteran's claims for service connection for a lower back condition and bilateral achilles tendonitis, finding that there was no evidence linking these conditions to his military service.,The Veteran had in-service treatment for lower back pain and achilles issues but did not have any chronic issues noted upon separation from service. The Board found the current conditions were not related to his service.

The Board has remanded the Veteran's claims for increased ratings for left hip strain, right hip strain, and lumbosacral strain due to inadequate VA examinations addressing flare-ups and functional loss.

The Board has restored the Veteran's original disability rating of 20 percent for lumbosacral strain, but has remanded the issue of increasing his disability rating.

The Board granted a staged 40 percent rating for the thoracolumbar spine disability from June 28, 2010 to November 13, 2019, finding that the Veteran's symptoms approximated forward flexion of the thoracolumbar spine not greater than 30 degrees due to painful motion and stiffness during flare-ups.

The Board has remanded the claims for service connection due to new evidence and outstanding treatment records. The Veteran's stressors involving Cuban refugees are also being investigated.

The Veteran's nonservice-connected pension was denied prior to November 4, 2017 due to his disabilities not meeting the percentage standards for a finding of permanent and total disability. However, from November 4, 2017, he met the criteria for receiving pension as he is over age 65 with no other service-connected conditions.

Service connection is granted for a low back condition, including degenerative arthritis of the lumbar spine.,Service connection is also granted for a neck condition, including degenerative arthritis of the cervical spine.

The Veteran's service-connected chronic low back strain, lumbar spondylosis, and degenerative disc space narrowing is now rated at 40 percent effective October 1, 2019. The Veteran's left lower extremity radiculopathy is now rated at 20 percent effective February 26, 2010, and his right lower extremity radiculopathy is now rated at 20 percent effective January 24, 2013.

The Veteran's service-connected low back disability was previously rated at 40 percent prior to April 14, 2018. The Board found that the evidence did not support a higher rating due to lack of unfavorable ankylosis or intervertebral disc syndrome resulting in incapacitating episodes requiring physician-ordered bed rest.,The Veteran's service-connected low back disability was rated at 20 percent from April 14, 2018. The Board found that the evidence did not support a higher rating due to lack of unfavorable ankylosis or intervertebral disc syndrome resulting in incapacitating episodes requiring physician-ordered bed rest.

The Board denied a rating in excess of 20 percent for the Veteran's lumbar spine disability, finding that his range of motion testing showed thoracolumbar forward flexion functionally greater than 30 degrees but not greater than 60 degrees.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no clear and unmistakable evidence to show that his condition existed prior to service. The Board also found that the current disability did not undergo aggravation during service beyond its natural progression.

The Veteran's appeal for service connection of a lower back disability has been dismissed due to the death of the appellant.

The Board has granted the Veteran's petition to reopen his claim for service connection and has also granted the underlying claim of entitlement to service connection for a thoracolumbar spine disability. The decision is based on new medical evidence that supports the Veteran's contention of in-service injury, leading to current back disability.

The Board has determined that the Veteran's August 1960 accident was in the line of duty and not due to willful misconduct, granting service connection for his claimed disabilities.

The Board has not fully considered the Veteran's claims due to incomplete record development and requires additional examinations or opinions for a full decision.

The Veteran's lumbar spine disability was granted a rating of 40 percent from April 2, 2012 until September 27, 2012. A separate 10 percent evaluation for right lower extremity radiculopathy associated with the service-connected lumbar degenerative disease is granted as of October 1, 2016.

The Board has remanded the case due to procedural issues and needs further examination and opinion regarding the Veteran's low back disability.