Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for increased ratings and service connection due to additional development being necessary.

The Veteran's lumbar spine disability was rated at 40 percent effective August 7, 2014, based on the severity of symptoms including forward flexion limited to 30 degrees or less and guarding severe enough to result in abnormal gait.

The Board denied the Veteran's claims for increased ratings for his lumbar strain disability, finding that the evidence did not support a rating in excess of 20 percent prior to July 2, 2018 or in excess of 40 percent since that date.

The Board denied compensation under 38 U.S.C. § 1151 for additional disability resulting from a July 1993 left total hip replacement (THR) due to lack of evidence showing negligence or informed consent, as the leg-length discrepancy was considered a normal and expected outcome of the procedure.

The Board has remanded the claims of service connection for left ankle, right knee, and left knee disabilities as well as a low back disability due to outstanding VA and private treatment records and possible Social Security Administration records. The Veteran's representative advised that he did not receive the SSOC and provided an incorrect address.

The Board denied service connection for a back disability, heart disease, and an acquired psychiatric disorder.,There was no evidence linking the Veteran's current conditions to his military service.

The Veteran's right lower extremity disability, manifested by pain and functional impairment, is granted as secondary to her service-connected degenerative joint disease of the lumbar spine. The rating for her degenerative joint disease of the lumbar spine remains at 40 percent.

The Veteran's service-connected low back disability, including DDD and DJD with IVDS, is currently rated at 20 percent. The right lower extremity radiculopathy associated with the low back disability has been granted a separate evaluation of 10 percent. No increased evaluations are warranted for the neck disability.

The Veteran's right leg sciatic radiculopathy is granted a separate 40 percent rating, effective November 14, 2018. His back condition remains at 40 percent and he has been granted TDIU.

The Board has decided to remand the case due to insufficient information on whether the low back disorder is related to service. The Veteran's combat experience and rigors of service are considered in this decision.

The Board has granted a higher initial rating of 40 percent for the Veteran's lumbar strain with degenerative disc disease, effective from November 2012. Separate ratings of 20 percent have been granted for right lower extremity radiculopathy associated with this condition. Other issues related to the Veteran's back disability remain pending and are remanded.

The Veteran's TDIU is granted for the period beginning on May 24, 2006. The Board has also remanded his claim for an initial rating in excess of 10 percent for service-connected lumbar spine degenerative disc disease.

The Veteran's claims for increased ratings for GERD, lumbar spine disability, cervical spine disability, and right shoulder disability have been denied. The VA has determined that the current symptoms do not warrant a higher rating under any applicable diagnostic codes.

The Board has determined that a remand is necessary to obtain updated medical records and conduct a new VA examination for the Veteran's service-connected spinal fusion, L-5 to sacrum with transitional lumbosacral vertebrae.

The Veteran's claims for service connection for various hand, wrist, shoulder, and spine disorders have been denied as there is no evidence of in-service incurrence or a nexus to service.

The Veteran's claims for increased ratings of his lumbar and cervical spine disabilities were remanded due to lack of evidence showing the required limitations in range of motion or ankylosis.

The Board dismissed the appeals for service connection of various conditions due to the death of the appellant.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and need for further examination.

The Veteran's service-connected disabilities prevented him from engaging in any form of substantially gainful employment that was consistent with his education and occupational experience from December 28, 2012 to October 9, 2014.

The Board has determined that additional development is needed for the Veteran's claims regarding his cervical spine, lumbar strain, upper and lower extremity neuropathy, and skin disabilities. The claims are being remanded to obtain updated findings from VA examinations.