Back / lumbar spine decisions — 2020

The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's lumbar spine conditions, which were previously remanded for further development.

The Veteran's claims for increased rating of his back disability, service connection for depression, and TDIU are being remanded due to deficiencies in the VA examinations provided.

The Veteran's cervical spine disorder is currently rated at 20 percent, the maximum schedular rating available. The Board found that his forward flexion was to 25 degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5243.

The Board denied a separate rating for arthritis of the lumbar spine, finding that it is not legally possible to assign such a rating due to the existing rating already considering pain and other manifestations.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected meningioma. The issue of an initial disability rating greater than 10 percent for left lumbar radiculopathy and multilevel lumbar spondylosis with herniated disc at L4-L5 is remanded.

The Veteran's claim for a sleep disorder is denied as there is no evidence of a current diagnosis or functional impairment.,An increased 20 percent rating, but no higher, has been granted for the right shoulder/collarbone disability from November 12, 2010 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,A 10 percent rating, but no higher, has been granted for the left thumb fracture from November 3, 2011 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,The Veteran's claim for an increased disability rating for the right ankle is denied.,The Veteran's claim for an increased disability rating for the left knee is denied.,An increased 20 percent rating, but no higher, has been granted for degenerative disc disease of the lumbar spine from March 4, 2011 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,The Veteran's claim for an increased disability rating for sciatic radiculopathy in the right lower extremity is denied.

The Veteran's claim for major depressive disorder was granted as it is supported by medical evidence and the examiner's opinion.,The claim for lower back condition (claimed as a thoracic back condition) was denied due to lack of service connection.

The Board has remanded the Veteran's claims for additional development, including obtaining VA and private treatment records, opinions on the etiology of his lumbar spine condition and the relationship between his alcohol use disorder and service-connected mood disorder associated with migraine headaches.

The Board has remanded the claims for service connection for bilateral hearing loss, obstructive sleep apnea (OSA), DDD of the lumbar spine with occasional numbness of the lower extremities, and chondromalacia patellae of the right knee due to insufficient evidence in the record.

The Board has remanded the claims for back, neck, and right leg conditions due to incomplete examinations and unanswered medical questions.

The Veteran's intervertebral disc syndrome with multilevel degenerative disc disease and chronic thoracic spine sprain has not met the criteria for a higher rating prior to June 30, 2017 or after that date. The ratings for radiculopathy of both lower extremities have been granted but denied in excess.

The Board has remanded the case due to a lack of proper notice for a VA examination and further development is needed.

The Board denied the claims for increased ratings on an extraschedular basis, finding that a grant of total disability based on individual unemployability (TDIU) rendered further consideration moot.

The Veteran's service-connected disabilities do not render him bedridden, confined to his immediate premises, or unable to care for his daily needs without requiring the regular aid and attendance of another person. Therefore, he is not eligible for special monthly compensation (SMC) based on the need for aid and attendance or housebound status.

The Board denied the Veteran's claim for service connection of a lower back disorder, finding that there was no evidence linking his current condition to his active duty service.

The Veteran's service connection claims for hypertension, low back disability, RLE radiculopathy, and LLE radiculopathy were denied. The Veteran was granted earlier effective dates for service connection of RLE and LLE radiculopathy, as well as TDIU and SMC based on housebound status.

The Board has granted a 10 percent rating for left lower extremity neuropathy, but the case is remanded to consider the Veteran's TDIU claim in light of this grant and his other service-connected disabilities.

The Board has remanded several issues for further development, including the Veteran's claims for service connection and increased ratings.,An effective date prior to June 9, 2008, was denied for the award of service connection for erectile dysfunction.

The Veteran's lumbar spine disability was rated at 20 percent disabling since February 1, 2014. The Board denied a higher rating as the evidence did not show forward flexion of 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.

The Board has dismissed all service connection claims due to the Veteran's death.