Back / lumbar spine decisions — 2020

The Veteran's lumbosacral strain is granted a 20 percent disability rating, but the issue of a higher rating remains pending. The case is remanded to determine if lower extremity radiculopathy is secondary to service-connected lumbosacral strain.

The Board has remanded the issues of service connection for bilateral wrist tendonitis and strain, cervical spine DDD, bilateral medial epicondylitis, left ankle strain, osteoarthritis in the left shoulder, and arthritis in the hands.

The Veteran's lung disability, low back disability, upper back disability, left lower extremity radiculopathy (sciatica), right lower extremity radiculopathy (sciatica), left knee disability, right knee disability, left hip disability, right hip disability, right foot disability, left foot disability, sinus disability, memory loss, hypertension, colon polyps, prostate disability, stomach disability, skin disability (including skin cancer and actinic keratosis), throat disability, diabetes mellitus, type II, kidney cysts, and liver cyst are all denied. However, the Veteran's lung disability is granted as due to asbestos exposure.

The Board has remanded the claims of service connection for back, bilateral knee, and bilateral foot/ankle disabilities due to inadequate medical opinions in a previous decision.

The Veteran withdrew all appeals, including those for service connection and rating issues.

The Veteran's claims for increased ratings for his lumbar spine disability and left leg radiculopathy are being remanded due to the need for additional development, including obtaining retrospective medical opinions regarding flare-ups and functional loss prior to March 2015, and clarifying the effective date and ratings assigned for radiculopathy of the left leg.

The Veteran's right shoulder disability was denied a rating in excess of 10% from March 1, 2013 to November 25, 2019. A higher rating is also denied after November 26, 2019.,A rating in excess of 20% for the right shoulder disability was not granted since November 26, 2019 due to limited motion at or above shoulder level.,The Veteran's DDD of the lumbar spine prior to April 16, 2018 did not meet the criteria for a rating in excess of 20%.

The Board has remanded the case for further development, including a new spine examination and an addendum opinion from the Director of Compensation Service regarding whether an extra-schedular disability rating is warranted for the Veteran's lumbar spine disability.

The Veteran's thoracolumbar spine disorder is restored to a 40 percent rating from August 15, 2016, to October 7, 2019. He was initially granted an initial 40 percent disability rating prior to September 10, 2015, and in excess of 40 percent thereafter. The Veteran's TDIU claim is denied.

The Board has restored the 40 percent rating for the service-connected back disability effective from December 3, 2018. The claim of an increased rating higher than 40 percent for the back disability is denied.

The Board has granted service connection for a lumbar spine disability and cervical spine disability, finding that the Veteran's current conditions are related to his military service. However, service connection was denied for a right arm and shoulder disability due to lack of evidence showing it began during or within one year after service.,Service connection is granted for a lumbar spine disability and cervical spine disability, but not for a right arm and shoulder disability.

The Board has remanded the case due to inadequate opinions regarding whether the service-connected left knee disability caused or aggravated the Veteran's back disability. The case will be returned for further development.

The Veteran's claims for increased ratings for lumbar spine disability, right and left lumbar radiculopathy were denied as his conditions did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for a higher rating for his left knee disability, as well as his claims for TDIU and service connection for a low back disability have been granted. The low back disability is found to be secondary to the service-connected left knee disability.

The Board denied service connection for lumbar strain with DDD on a secondary basis to bilateral knee disability and denied increased ratings for renal disease.

The Veteran's claims for increased ratings for lumbosacral strain, left and right lower extremity radiculopathy were denied. The Board found that the current ratings of 20 percent for lumbosacral strain, 10 percent before September 24, 2019, and 20 percent thereafter for both lower extremities radiculopathy are appropriate.

The Board has remanded the cases for further development and consideration. The thoracolumbar spine disorder is denied as it pre-existed service and underwent no clinically identifiable permanent increase in severity during service. The cervical spine disorder claim is also remanded due to lack of substantial compliance with previous remand directives.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination opinions. The Court found that the existing record is not adequate to adjudicate the Veteran’s claims and ordered new etiology opinions.

The Veteran's claim for an initial disability rating in excess of 40 percent for lumbosacral strain with degenerative arthritis and intervertebral disc disease was denied. Effective dates prior to November 9, 2016 were also denied for the grant of service connection for various lower extremity radiculopathies.

The Board has remanded the veteran's claims for service connection due to insufficient opinions regarding the etiology of his claimed disabilities and additional development is needed.