Back / lumbar spine decisions — 2021

The Veteran's lumbar spine disability does not meet the criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine being 30 degrees or less, nor does it show favorable ankylosis.,Right leg sciatica is currently rated at 10 percent and there are no incapacitating episodes that would warrant a higher rating.

The Veteran's bilateral hearing loss and tinnitus are granted as service connected. The lumbar spine disability is remanded for further review.

The Board has granted service connection for degenerative disc disease and intervertebral disc syndrome of the lumbar spine, finding that the evidence is at least evenly balanced as to whether these conditions are related to service.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including hypertension and musculoskeletal conditions of the spine and extremities. The main focus is on obtaining additional medical opinions regarding the nature and severity of these conditions.

The Veteran's left knee osteoarthritis is rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's low back disability is rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's initial hip disability (superimposed arthritis) is rated at 10 percent, but an increased rating of 30 percent for limitation of extension is granted.

The Board denied service connection for low back and neck disorders, finding that the evidence did not support a nexus to service.

The Board denied the Veteran's claim for service connection for low back disability, finding that there was no evidence of a current disability related to military service or any service-connected condition.

The Veteran's service-connected disabilities, including bilateral hearing loss and thoracolumbar spine disability, rendered him unable to secure and maintain substantially gainful employment prior to January 21, 2014. The Board granted a TDIU for this period.

The Board has remanded the issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) prior to March 3, 2020 due to service-connected disabilities. The Veteran's PTSD and back disability made him unable to secure and follow a substantially gainful occupation before that date.

The Board has determined that the Veteran's current back disability is at least as likely as not related to his military service, and thus grants service connection for a back disability.

The Veteran's appeal for a higher rating for PTSD and TDIU prior to May 23, 2017 was dismissed. The Board granted service connection for a lumbar spine disability including degenerative joint and disc disease.

The Board denied service connection for a cervical spine disability due to lack of medical nexus between the Veteran's military service and his current condition.,The Board denied increased ratings for right shoulder tendinitis and left shoulder tendinitis as there was no evidence showing limitation of motion at 25 degrees from the side.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to February 1, 2016. The Board denied the claim for TDIU on both schedular and extraschedular grounds.

The Veteran's appeal for a rating in excess of 10 percent prior to August 3, 2020, and in excess of 40 percent thereafter was dismissed as the Veteran withdrew his appeal.

The Veteran's service-connected thoracolumbar scoliosis with degenerative joint disease resulted in functional equivalent of unfavorable ankylosis, warranting a 50% rating.

The Board has remanded the claims for service connection for a lumbar spine disorder and bilateral hearing loss due to lack of evidence linking these conditions to active service.

The Veteran's service-connected disabilities prior to January 15, 2014 did not meet the schedular requirements for a TDIU rating.

The Board has denied service connection for back and neck disabilities, finding that the evidence does not support a link between these conditions and events or injuries during active service.

The Veteran's claim of service connection for a back disability, previously claimed as an upper back problem, is being remanded due to the submission of new and material evidence. The Board will consider whether his current symptoms are related to service, including the August 1967 incident where he was struck in the back with a pallet.

The Board has found that a remand is necessary to determine the Veteran's actual range of motion during his July 2018 VA examination, as this could impact his entitlement to an increased rating for his spine condition.