Back / lumbar spine decisions — 2021

The Board has remanded the issues of service connection for back disability, neck disability, right knee disability, left knee disability, and nasal disability (deviated septum) due to insufficient evidence regarding the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The VA examiner will provide opinions on whether these disabilities are related to service or aggravated by any period of ACDUTRA/INACDUTRA.

The Veteran's PTSD is currently rated at 50 percent, but the Board finds that his symptoms do not warrant a higher rating as they are more closely approximated by a 50 percent disability rating.,The Veteran's lumbar spine DDD is currently rated at 20 percent. The Board finds that his symptoms do not warrant a higher rating as they are more closely approximated by the current 20 percent disability rating.

The Board has found that the Veteran's lumbar spine and bilateral lower extremity radiculopathy require additional examination to determine their current severity. The case is therefore being remanded for this purpose.

The Veteran's degenerative changes of L5-S1 with spondylosis of the lumbar spine resulted in a rating higher than 20 percent prior to May 14, 2012. Beginning June 1, 2007, he was granted a separate 10 percent rating for right lumbar radiculopathy.,Effective from May 14, 2012, the Veteran was granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board denied service connection for a low back disability, finding that the Veteran did not have a chronic low back disability in service or within one year of separation. The current condition is not shown to be related to service.

The Board has remanded the claims for an increased rating of lumbosacral strain with DDD prior to December 3, 2008 and for entitlement to a TDIU effective prior to October 1, 2008 due to inextricably intertwined issues. The Veteran needs a retrospective medical opinion regarding his service-connected lumbar spine disability.

The Veteran's lumbar spine disability was rated at 10 percent prior to August 16, 2019 and denied for a higher rating. From August 16, 2019, the Veteran is not entitled to an increased rating.

The claims of service connection for back and left foot disabilities have been reopened due to the submission of new evidence. The cases are being remanded for further evaluation.

The Veteran's lumbar strain with degenerative disc disease was granted a 40% rating, effective from the date of decision. The Board also granted entitlement to Total Disability based on Individual Unemployability (TDIU) for periods prior to August 10, 2016 and from November 1, 2016.

The Board denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his disabilities did not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's TDIU claim is granted as of October 2, 1998.,An extraschedular rating for esophagitis and gastritis is denied.

The Veteran's appeal for service connection of a lumbar spine disorder has been dismissed due to the death of the Veteran.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and referral for extraschedular consideration is not warranted as his employment issues are due to nonservice-connected factors.

The Board has denied the Veteran's claims for service connection for various conditions, including right shoulder disability, left shoulder disability, sinusitis, chronic dry eye disability, right wrist and left wrist disabilities, right hand tendonitis, left hand tendonitis, left foot disability, right great toe bunion, left foot bunions, cervical spine disability, and lumbar spine disability.

The Veteran's service connection claim for restless leg syndrome was denied. For the period prior to September 20, 2019, his thoracolumbar degenerative disc and joint disease was granted a 20% rating.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a back disorder, finding that the additional disability was not caused by carelessness, negligence, lack of skill or similar incidence of fault on the part of VA personnel.

The Board has remanded the claims for service connection due to inadequate medical opinions and additional examination. The Veteran's disabilities are related to military service.

The Board denied the Veteran's claims for service connection for a low back disability and a fracture of the right little finger, to include post-traumatic arthritis. The Board found that there was no evidence linking these conditions to service.

The Board has granted the Veteran's claims for tinnitus and low back arthralgia, finding that there is at least equipoise evidence to support these conditions being related to his military service. The claim for bilateral knee disorder is remanded due to insufficient evidence.

The Board denied a rating in excess of 20 percent for the Veteran's service-connected low back disability, finding that the evidence did not show forward flexion limited to 30 degrees or less, ankylosis, or incapacitating episodes requiring bed rest prescribed by a physician.