Back / lumbar spine decisions — 2020

The Veteran's degenerative joint disease of the lumbar spine with IVDS and radiculopathy of the sciatic nerve, right lower extremity are currently rated at 20 percent and 10 percent respectively. The Board has found that there is insufficient evidence to support a higher rating for either condition.,The Veteran's degenerative joint disease of the lumbar spine with IVDS and radiculopathy of the sciatic nerve, right lower extremity are currently rated at 20 percent and 10 percent respectively. The Board has found that there is insufficient evidence to support a higher rating for either condition.

The Board has granted reopening of the service connection claim for a lumbar spine disorder but denied service connection on the merits. The claim for migraines is remanded to determine if there is any relationship between the service-connected mental health disorder and current migraine disorders.

The Board has granted service connection for lumbar spondylosis, a form of arthritis, based on continuity of symptoms since service.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that it did not begin during active service and is not otherwise related to an in-service injury or disease. The Board also found that the disability was not caused or aggravated by a service-connected disability.

The Board has remanded the Veteran's claims for additional development due to a lack of medical evidence and the need for new examinations. The claims include service connection for bilateral pes planus, post traumatic arthropathy of both ankles, gout, and a back disability.

Service connection has been granted for a right shoulder disability, low back disability, neck disability, and psychiatric disability (depressive disorder).,The effective date of the service connection is November 15, 2016.

The Board has remanded the case due to insufficient medical opinions regarding the nature and etiology of the Veteran's back disability, including scoliosis. The AOJ is instructed to obtain additional records and conduct an addendum examination by a VA examiner.

The Veteran's intervertebral disc syndrome and associated radiculopathy have been granted ratings, with IVDS receiving a 40% rating and right leg radiculopathy receiving a 20% rating prior to March 20, 2014, and thereafter a 20% rating. The Veteran's left leg radiculopathy is rated at 10%. A TDIU has also been granted.

The Veteran's service-connected obstructive sleep apnea has not resulted in chronic respiratory failure with carbon dioxide retention or cor pulmonale, and does not require a tracheostomy. Therefore, an initial disability rating in excess of 50 percent for this condition is denied.,The Veteran’s service-connected low back disability has not manifested in forward flexion limited to 30 degrees or less, ankylosis (favorable or unfavorable) of the thoracolumbar spine, or incapacitating episodes. Therefore, an initial disability rating in excess of 20 percent for this condition is denied.,The Veteran’s service-connected right leg radiculopathy has most closely approximated moderate incomplete paralysis of the sciatic nerve. Therefore, an initial disability rating in excess of 20 percent for this condition is denied.

The Veteran's claim for higher ratings for his service-connected lumbosacral degenerative disc disease (DDD) with spondylolisthesis and associated radiculopathy was denied. The Board found that the evidence did not support a rating in excess of 40 percent prior to November 8, 2010, or from November 8, 2010 onwards.

The Veteran's increased rating for bilateral hearing loss appeal has been withdrawn.,Service connection is granted for cervical spine degenerative arthritis, left knee arthritis, and right shoulder degenerative joint disease. Service connection is also remanded for left ankle arthritis and a bilateral foot condition.,Service connection is granted for left knee arthritis.,Service connection is granted for right shoulder degenerative joint disease.,Service connection is granted for left ankle arthritis.

The Board has granted service connection for the Veteran's low back condition, finding that his current disability is related to an in-service injury and resolving all reasonable doubt in favor of the Veteran.

The Veteran's second metacarpal disability was granted a 10 percent rating effective May 29, 2015. The Board denied higher ratings for the thoracolumbar strain.

The Veteran's lumbar spine disability is rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.,The Veteran's left knee disability is currently rated at 10 percent. The Board does not find any basis to grant a higher initial rating for this condition.

The Board dismissed the Veteran's claim for service connection for sciatica of the left lower extremity as she withdrew her appeal prior to a decision being made.

The Board has granted service connection for a neck condition, but remanded the issues of service connection for headaches and an acquired psychiatric condition.,Service connection is also being remanded for the Veteran's low back condition (claimed as thoracic kyphoscoliosis).

The Veteran's claims for service connection for left testicular varicocele, lumbar spine disability, left knee disability, and right knee disability were denied. The Board found that the evidence did not support a finding of in-service injury or disease related to these conditions.

The Board has remanded the cases for further development and consideration, including obtaining a VA opinion on the nature and etiology of the Veteran's headaches and for a VA medical examination to determine the severity of his lumbar degenerative facet joint disease.

The Veteran's claim for service connection for a lower back disability is granted, and his claim for service connection for major depressive disorder (MDD) is remanded. The Board finds that new evidence received since the June 1975 decision raises a reasonable possibility of substantiating the claim.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine and lumbar spine were denied as there was no evidence of a service-connected disability or exposure to Agent Orange, Camp Lejeune, or other known risk factors. The effective dates for these grants are April 15, 2014.