Back / lumbar spine decisions — 2020

The Board has remanded the case due to insufficient evidence regarding service connection for a back disability, specifically due to an earlier finding of congenital anomaly in the lumbosacral spine. The appellant needs further evaluation and a new medical opinion.

The Veteran's claim for a higher evaluation for his service-connected lumbar degenerative disc disease and intervertebral disc syndrome was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent from May 27, 2011 to August 10, 2020.

The Board denied service connection for various disabilities, including low back and right knee conditions, sleep apnea, cardiovascular disability, gastrointestinal disability (claimed as irritable bowel disease and Crohn's disease), diabetes mellitus type II, and narcolepsy. The claims were remanded for further development regarding a respiratory disability and varicose veins.

The Veteran's lumbar spine disability is rated at 40% since November 10, 2016. The Board found that the evidence does not support a higher rating based on limitation of motion or IVDS episodes. A TDIU determination was granted.

The Veteran's low back disability and sciatic radiculopathy of the lower extremities are not rated higher than their current levels.

The Veteran's lumbar spine degenerative disc disease has been rated at 20 percent prior to March 18, 2014. The rating is based on the limitation of motion and pain in the thoracolumbar spine.

The Veteran's lumbar spine disability was not found to warrant a rating in excess of 20 percent from December 5, 2012 due to lack of evidence showing forward flexion less than 30 degrees or ankylosis.

The Board has remanded the Veteran's claims for service connection for a left knee disability and for an increased rating for his low back disability due to conflicting medical opinions and potential changes in the Veteran's condition.

The Veteran's lumbosacral strain with degenerative arthritis has not been manifested by forward flexion of the cervical or thoracolumbar spine, and no IVDS is present. Therefore, a rating in excess of 20 percent for his condition is denied.

The Veteran's claim for higher ratings for his cervical spine disability and TDIU was denied. The Board found that the disability did not meet or approximate criteria for a rating higher than 10 percent before December 4, 2009, and 20 percent from December 4, 2009.

The Board has remanded the cases due to inadequate opinions regarding service connection for back and respiratory disabilities. The Veteran's claims will be reviewed again with new medical opinions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and further examination is needed. Pension benefits are granted as of April [REDACTED], 2018.

The Board has remanded the Veteran's claims for cervical spine disability, lumbosacral strain rating, and TDIU due to outstanding VA treatment records and private treatment records. The Veteran needs to be provided with a VA examination to determine if his cervical spine disability is related to service or secondary to his lumbosacral strain.

The Board has granted service connection for the Veteran's low back disorder, finding that his current condition is caused by an in-service injury during active duty for training (ACDUTRA). The decision resolves all doubts in favor of the Veteran.

The Board has remanded the cases for further development due to incomplete records, particularly VA treatment records. The Veteran's claims for a higher rating for low back strain and service connection for pharyngitis will be reconsidered after obtaining any relevant medical evidence.

The Veteran's lumbar spine disability is granted a 40 percent rating as of August 13, 2008.

The Veteran's service-connected prostate cancer residuals have been found to prevent him from securing or maintaining substantially gainful employment, and he is now eligible for special monthly compensation at the housebound rate.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to incomplete development of records, including missing service treatment records. The Veteran is presumed to have been in sound condition upon entry into active duty service, but must provide clear and unmistakable evidence that his pre-existing conditions were not aggravated during service.

The Veteran's left knee sprain is currently rated at 10 percent for instability, while his degenerative disc disease remains at a 20 percent rating. The right lower extremity radiculopathy has been granted a 20 percent rating throughout the appeal period, and the left lower extremity radiculopathy since May 18, 2017 is also rated at 20 percent.

The Veteran's claims for increased ratings are being remanded due to incomplete grant of benefits and issues potentially intertwined.