Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings for his back disability and radiculopathy of the lower extremities have been denied. The Board found that the evidence did not support a higher rating based on limitation of motion or IVDS, as there was no ankylosis present.

The Board denied a rating higher than 20 percent for the Veteran's service-connected lumbar spine degenerative arthritis, finding that his disability did not meet the criteria for a higher evaluation.

The Board has remanded the claims for service connection for back and left leg disorders due to incomplete STRs. The Veteran's STRs are unclear regarding in-service motor vehicle accidents, which need to be verified.

The Veteran's effective date for a 100 percent rating for PTSD with MDD is granted as of May 19, 2015. The low back disorder issue has been remanded.

The Veteran's claim for service connection of a left hip condition has been reopened. The claim for hearing loss and tinnitus remains denied.,Service connection was denied for the back and right hip conditions due to lack of evidence linking these conditions to service.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining employment consistent with his occupational and vocational experience prior to June 13, 2020.

The Board has denied a rating in excess of 20 percent for the Veteran's degenerative arthritis with vertebral fracture, thoracolumbar spine due to limited range of motion and functional loss. The current rating is appropriate given the Veteran's symptoms and examination findings.

The Board has denied increased ratings for the Veteran's lumbar spine disability and associated radiculopathy, as well as his anxiety disorder. The case is REMANDED to obtain updated VA treatment records and an addendum opinion from a VA examiner.

The Veteran's thoracolumbar spine DDD and strain with scoliosis were granted a 20 percent disability rating prior to July 24, 2017. From that date forward, the claim for an increased rating was denied.

The Board has granted service connection for residuals of a low back injury and degenerative arthritis, but denied service connection for a cervical spine disability. The low back condition is presumed to have existed prior to service and was aggravated by an in-service pool injury.

The Board has remanded the case for further development due to issues related to service connection and rating of disabilities. The Veteran's initial claim for lumbar spine disability was granted, but a higher rating is denied. Right shoulder disability also remains at 20 percent. Residual scars associated with post-spinal fusion have been rated as 10 percent prior to December 24, 2019 and the issue of increased rating remains on appeal.

The Board has remanded the Veteran's claims for service connection for a back condition, bilateral hip condition, and hypertension (HTN), to include as due to herbicide agent exposure. The Veteran must be afforded VA examinations to determine the nature and etiology of any conditions found.

The Veteran's claims for increased ratings for his lumbar spine and left knee disabilities are remanded due to the need for additional examinations.

The Board has dismissed the Veteran's claims for effective dates prior to May 11, 2015, for service connection of right ankle and right knee disabilities. The appeals for bilateral pes planus, acquired psychiatric disorder (to include PTSD), low back disability, pseudofolliculitis barbae (PFB), skin disorder other than PFB, right ankle disability, and right knee disability are pending and will be remanded for further development.

The Veteran's initial schedular rating for a thoracolumbar spine disability has been denied as his forward flexion of the thoracolumbar spine functionally limited to 60 degrees or less, and combined range of motion not exceeding 120 degrees. There is no evidence of muscle spasm or guarding resulting in abnormal gait or spinal contour.

The Veteran's claims for service connection for a heart condition, skin condition, and low back disability have been reopened due to the submission of new evidence.,Service connection has not been established for any of these conditions.

The Veteran's application to reopen the claim for service connection for a lumbar spine disorder was granted. The appeal is granted to this extent only.,Service connection for a left foot disorder is denied.

The Veteran's request for increased ratings for her lumbar strain and left knee disabilities, as well as the issue of TDIU due to service-connected disabilities, are remanded. The reduction in rating for left knee instability from 10 percent to noncompensable is granted.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for his lumbar spine disability and associated radiculopathy of the bilateral lower extremities due to outstanding VA treatment records and need for a new examination.

The Veteran's service-connected conditions, including his lumbar spine disorder and radiculopathy of the lower extremities, have rendered him unable to secure or maintain a substantially gainful occupation prior to September 1, 2015. As such, TDIU on an extraschedular basis is granted.