Back / lumbar spine decisions — 2021

The Veteran's spine disability is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's back condition is granted a higher initial rating of 20 percent prior to February 13, 2020. A rating in excess of 20 percent for the same condition from February 13, 2020 is denied.

The Board has remanded the Veteran's claims of service connection for a back disability, right foot condition, and left foot condition due to conflicting evidence and need for further examination.

The Board has decided to remand the Veteran's claim for further development regarding his lumbar spinal stenosis, status post-operative scar. The AOJ is instructed to obtain private treatment records and clarify the severity of the Veteran's flare-ups.

The Board has remanded the case due to inadequacy of the VA examination and opinion regarding service connection for lumbar spine disability, including degenerative disc disease. The examiner is requested to provide an addendum opinion addressing whether the Veteran's DDD is related to his in-service low back pain.

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 40 percent, and the Board finds that this rating is not supported by the evidence.

The Board has remanded the case due to incomplete service personnel records and a need for a supplemental VA medical opinion regarding the nature and etiology of the Veteran's thoracolumbar spine disabilities.

The Veteran's initial disability rating for her service-connected lumbar spine disability is granted at a 40 percent level prior to October 1, 2013.,Service connection for left lower extremity radiculopathy secondary to the service-connected lumbar spine disability is also granted.

The Board has determined that the Veteran's left knee and lower back disorders are related to his active duty service, necessitating a remand for further examination and opinion.

The Veteran's TDIU is granted effective January 3, 2007, as he was unable to secure or follow substantially gainful employment due to his service-connected back disability.

The Veteran's appeal is being remanded for additional development to address the rating of her lumbar strain, myositis and spasm prior to March 21, 2015, after that date, and for a TDIU determination prior to November 4, 2014. The AOJ must ensure all requested development is completed and review the claims in light of the new evidence.

The Veteran's service-connected disabilities did not prevent him from securing or following gainful employment prior to October 2, 2012. Therefore, the claim for TDIU is denied.

The Board has decided to remand the case due to conflicting evidence regarding whether the Veteran experiences radiculopathy associated with her service-connected low back condition. Further examination is needed.

The Board has remanded the case due to inadequate development and a need for additional examination. The Veteran's claim of service connection for low back disorder, including degenerative disc disease, is still under review.

The Veteran's claim for an increased disability rating for his service-connected back condition was denied as there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine during this portion of the appeal period.

The Veteran's service-connected low back disability does not meet the schedular requirements for a TDIU, but his claim is remanded to consider whether he qualifies for an extra-schedular TDIU under VA policy.

All back disability claims are granted with a 40% rating from September 1, 2004 to May 20, 2015. Claims for higher ratings for the right and left lower extremity radiculopathies are denied. Right ankle sprain is granted at 20% since May 16, 2015; left ankle sprain is also granted at 20% from that date.

The Veteran's claim for a higher rating for his lumbar spine disability and TDIU was denied. The Board found that the evidence did not support a higher rating based on limitation of motion, as forward flexion was greater than 30 degrees but less than 60 degrees. For TDIU, the Board determined that the Veteran's service-connected disabilities did not render him unemployable.

The Veteran's claims for increased ratings for lumbar strain with degenerative disc disease and TDIU are being remanded due to the need for additional development.

The Board has granted service connection for a back disability, left knee disability, and left hip disability. The claim of entitlement to TDIU is remanded.