Back / lumbar spine decisions — 2020

The Veteran's lumbar spine disability is rated at 20 percent prior to November 4, 2019 and denied for higher ratings. The radiculopathy of the right lower extremity is also denied for higher ratings.

A rating of 20 percent for the Veteran's lumbar spine condition was granted from September 10, 2012 to October 13, 2014.,From October 13, 2014, a 40 percent rating for the lumbar spine condition was granted effective October 9, 2018.,A 10 percent rating for left lower extremity radiculopathy was granted from September 10, 2012 to August 28, 2018.,From August 28, 2018, a higher rating of 20 percent for the left lower extremity radiculopathy was denied.,A 10 percent rating for right lower extremity radiculopathy was granted from February 22, 2017 to October 2, 2019. A 20 percent rating was granted thereafter.

The Veteran's claim for an effective date earlier than July 16, 2008 for a 20% rating for degenerative joint disease of the lumbar spine with spinal stenosis was denied.,The Veteran's claim for an effective date earlier than July 16, 2008 for a 10% rating for radiculopathy of the left lower extremity was denied.,The Veteran's claim for an effective date earlier than July 16, 2008 for a 10% rating for radiculopathy of the right lower extremity was denied.

The Board has remanded the service connection claims for a low back disability, right knee disability, left knee disability, left ankle disability, bilateral leg disability, bilateral hammertoes, and bilateral hip disability. The TDIU claim is also being remanded.

The Board has remanded the claims for headaches, obstructive sleep apnea, acquired psychiatric disability (including PTSD with sleep disorder), degenerative arthritis of the thoracolumbar spine, and a nerve disability due to additional development being required.

The Veteran's degenerative joint disease of the cervical spine is currently rated at 20 percent, effective January 6, 2020. Her degenerative joint disease of the lumbar spine is currently rated at 40 percent, effective September 23, 2016.

The Board has remanded the Veteran's claims for an increased evaluation and TDIU due to inadequate medical evidence in the prior rating decisions. Specifically, the VA must obtain retrospective opinions regarding the range of motion of the Veteran’s thoracolumbar spine during a flare-up of symptoms, on passive and active motion, and in weight-bearing and nonweight-bearing positions.

The Veteran's tinnitus was granted service connection. Service connection for PTSD, low back disability, and sleep apnea was denied due to lack of a confirmed in-service stressor or relationship to service-connected conditions.

The Board has remanded the cases for further development due to issues with VA examinations and other matters.

The Veteran's left knee disability, prior to December 8, 2014 and from July 1, 2016, is not productive of ankylosis with flexion between 10 and 20 degrees, extension limited to 30 degrees or higher, or impairment of the tibia and fibula with malunion and marked knee or ankle disability. Therefore, a rating in excess of 30 percent for left knee status post total knee arthroplasty is denied.,The Veteran's lumbar spine disability prior to August 23, 2018 is not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, or the combined range of motion of the thoracolumbar spine not greater than 120 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Therefore, a rating in excess of 10 percent for degenerative disc and joint disease of the lumbar spine with chronic low back syndrome is denied.

The Board has remanded the claims for service connection for various lower extremity and back disabilities due to obesity, as they raise issues regarding whether the Veteran's PTSD caused or aggravated his obesity.

The Board has reopened the Veteran's claims for service connection for back, neck, dizziness, and eye disabilities due to new evidence. The claims are remanded for further development.

The Veteran's claim for an earlier effective date for service connection of right upper extremity neuropathy with damage to brachial plexus nerve has been denied. The Board found that the earliest date on which he could have filed a claim was March 24, 2009.

The Board has granted service connection for the Veteran's fatty tumor and its residuals, status post-excision, as due to herbicide exposure during his active duty in Vietnam.,Service connection was denied for bilateral hearing loss and tinnitus. The Board found that there is no evidence of a current disability or a nexus between the conditions and service.

The Veteran's claims for service connection have been reopened and are being remanded due to the need for additional development.,The Veteran is seeking service connection for PTSD, hypertension, a heart condition, and a lower back disability. The claims are currently in remand status.

The Veteran's claims for service connection for psychiatric disorders, sleep disorders, and musculoskeletal conditions have been denied. The Board found no evidence of a current disability related to the claimed in-service events or exposures.

The Veteran's appeal is denied for an initial compensable rating for allergic rhinitis, left hand and finger disability, lumbar degenerative disc disease and arthritis, medial synovitis and medial plica syndrome of the left knee, anterior pain syndrome of the right knee, other stressor and trauma related disorder, psoriasis and dermatitis, obstructive sleep apnea, gastroesophageal reflux disease (GERD), diarrhea, and lung condition. The Veteran's claims for service connection are remanded for further development.

The Board has determined that the Veteran's lumbar spine disability, including degenerative disc disease and osteoarthritis, is secondary to his service-connected left knee disability. The decision grants service connection for this condition.

The Veteran's claims for increased ratings for intervertebral disc syndrome and unspecified anxiety disorder are being remanded due to the need for additional development, including obtaining outstanding records and scheduling VA examinations.

The Veteran's cervical spine degenerative disc disease and left upper extremity radiculopathy are granted service connection. The bilateral shoulder disability, lumbar spine degenerative disc disease, bilateral lower extremity neuropathy, and bilateral knee osteoarthritis are denied. Service connection for the left trigeminal neuralgia is granted with a 10 percent rating.