Back / lumbar spine decisions — 2020

The Board has remanded the case due to insufficient examination and lack of substantial compliance with previous directives. The Veteran's claim for service connection for lumbar spine disability is being returned for further development.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and TDIU prior to April 3, 2015 are being remanded due to inadequate VA examinations. The Board finds that there has not been substantial compliance with the remand directive.

The Veteran's claim for TDIU was denied because the combined disability rating did not meet the criteria for a total disability rating based on unemployability.

The Veteran's back disability was rated at 10 percent prior to September 25, 2012 and increased to 40 percent effective that date.,The Board found the evidence did not support a higher rating for any period of time.

The Veteran's claims for increased ratings and TDIU were denied. The cervical spine disability was rated at 20 percent, the lumbar spine disability at 20 percent, left and right wrist disabilities at 10 percent each, bilateral ankle disabilities at 10 percent each, and elbow disabilities (excluding pronation) at 10 percent each. TDIU was granted on an extraschedular basis from September 21, 2007 until June 8, 2009, and then effective June 8, 2009.

The Veteran's lumbar spine condition and related issues are not rated higher than the current assigned ratings.

The Board denied the Veteran's claim for an earlier effective date of May 30, 2006 for his TDIU due to unemployability caused by service-connected disabilities. The Board found that it was not factually ascertainable that the Veteran became unemployable within a year before filing his claim.

The Board denied a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities, finding that he is not precluded from securing or following substantially gainful employment.

The Veteran's claim of service connection for an acquired psychiatric disorder, including PTSD, is granted. The claims for low back disability and CAD are denied.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations and development of his employment history.

The Board has determined that the Veteran's back disability pre-existed his military service and was not aggravated by it, thus denying service connection.

The Board dismissed the appeal for service connection due to the appellant's death.

The Veteran's claim for an increased rating for his shrapnel wound residuals and service connection for a right lower extremity muscle injury were denied. The Board found moderately severe incomplete paralysis of the sciatic nerve, warranting a 40% disability rating. Service connection was granted for a right lower extremity muscle injury. However, the claim for service connection for a back disability is remanded due to inadequate examination report.

The Veteran's lumbar spine disability is currently rated at 60 percent disabling, but the Board finds that there is no evidence of forward flexion limited to 30 degrees or less, even after repetition and during flare-ups; favorable ankylosis; or incapacitating episodes having a total duration of at least 4 weeks over a 12-month period. Therefore, the claim for higher ratings is denied.

The claim to reopen service connection for right knee disability is granted. The claims for increased ratings for left knee instability and osteoarthritis are denied, with the latter being remanded due to new evidence indicating ankylosis. The claim for bilateral hearing loss is denied. Service connection for acquired psychiatric disability and TDIU are also remanded.

The Veteran's right knee instability and meniscus problems are granted a 10% rating, while his left knee arthritis is granted a 10% rating. The cervical spine and lumbar spine disabilities remain denied.

The Board has decided to remand several issues, including the Veteran's claims for service connection for his bilateral thigh disability as secondary to his service-connected back disability and for increased ratings of various disabilities. The decision also includes a request for additional VA examinations and an updated VA Form 21-8940.

The Veteran's claim for service connection for a right leg condition was denied, and his increased rating claim for degenerative arthritis of the thoracolumbar spine prior to September 16, 2019 was also denied. The Board found that there is no evidence linking current right leg cramps to in-service injuries or disease, and that the Veteran's current degenerative arthritis does not meet the criteria for a higher rating.

The Veteran's IVDS is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The issue of entitlement to TDIU due to service-connected IVDS is remanded for further development.

The Veteran's claim for service connection for PTSD and an acquired psychiatric disorder other than PTSD has been reopened, and the Board finds that new and material evidence has been received to support these claims. Service connection is granted for PTSD and an acquired psychiatric disorder (including major depression, PTSD, and substance use disorders).