Back / lumbar spine decisions — 2022

The Board has determined that the Veteran's low back disability is more likely than not related to his service, and thus grants the claim for service connection.

The Board has remanded the claims for an evaluation in excess of 40 percent for service-connected lumbar strain and spondylosis, an evaluation in excess of 30 percent for service-connected cervical spondylosis, and a TDIU prior to June 1, 2009. The remand is due to the need for additional medical opinions regarding flare-ups.

The Board has granted service connection for the Veteran's right knee disability, finding that it is related to his service-connected left knee disability. The back disability claim was remanded due to lack of substantial compliance with previous remand directives.

The Veteran's degenerative arthritis of the spine with IVDS is currently rated at 40 percent, but the Board finds that this rating does not meet the criteria for a higher evaluation due to lack of ankylosis or functional equivalent thereof.,The Veteran's left and right lower extremity lumbar radiculopathy are both currently rated at 10 percent. The Board has determined that additional evidence is needed to determine if these ratings should be increased.

The Veteran's appeal for service connection for a back disability has been dismissed because he requested withdrawal of his appeal.

The Veteran's appeal is REMANDED for further action on several issues, including ratings for his right knee scar, lumbar spine disability, and bilateral lower extremity radiculopathy.

The Board has determined that there is no clear and unmistakable error in the April 2018 rating decision assigning an overall combined evaluation of 80 percent. The Veteran's lumbar spine, right ankle, bilateral foot, and left wrist disabilities are all currently under consideration for service connection.

The Board has remanded the Veteran's claims for increased rating, service connection, and TDIU due to issues with his lumbar spine, knees, and ankles. The AOJ is instructed to obtain VA opinions on the severity of the Veteran's back condition during flare-ups and following repeated use over time, etiology of his knee conditions, etiology of his ankle condition, and extraschedular consideration for TDIU prior to April 1, 2013.

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding that it is not related to his military service or secondary to his service-connected lumbar spondylosis and degenerative disc disease.

The Veteran's GERD is service-connected as secondary to his Parkinson's disease. He received a 40% rating for his lumbar spine degenerative disc disease and an increased rating for his right ankle fracture residuals.

The Veteran's claims for a rating in excess of 10 percent for a lumbar spine disability prior to November 7, 2011 and for TDIU prior to April 15, 2011 have been withdrawn from the legacy appeals system due to his election into the Appeals Modernization Act (AMA) review system. These issues are therefore dismissed.

The Veteran's claim for service connection for bilateral hearing loss, PTSD, hypertension, lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, right shoulder disability, right elbow disability, and right wrist disability is being remanded due to the need for additional medical examinations.,The Veteran's claim for service connection for tuberculosis is also being remanded due to the need for an examination.

The rating reduction for the Veteran's service-connected low back disability from 60 to 40 percent, effective January 1, 2018, was improper and restored. The rating reduction for bilateral pes planus from 30 to 10 percent, effective January 1, 2018, was also improper and restored.

The Veteran's back and neck conditions have been granted service connection, as well as an increased rating for asbestosis. Service connection has also been established for PTSD with anxiety.,PTSD was linked to in-service stressors of sexual harassment and physical assault.

The Board has denied service connection for a lumbar disorder and remanded the issue of service connection for a left shoulder disorder due to insufficient evidence.

The Board has found service connection for tinnitus and degenerative arthritis of the lumbar spine as secondary to service-connected bilateral knee disabilities. Service connection for bilateral hearing loss is remanded due to insufficient evidence.

The Veteran's lumbar spine condition is rated at 40 percent from May 16, 2012 to the present. The issues of increased ratings for PTSD and bilateral knee disability are remanded.,PTSD was initially granted a 50% rating effective May 16, 2012. A TDIU award is also granted.

The Board has denied the Veteran's claims for service connection for a back disability, sciatic nerve disorder, right hand disability, and hiatal hernia disability. The evidence does not support the presence of these conditions during active service or at any time thereafter.

The Veteran's low back disorder and left leg radiculopathy are granted service connection.,Service connection for a sinus disorder, left knee disorder, right knee disorder, left hip disorder, neck disorder, and right hip disorder is remanded for further development.

The Veteran's lumbar spine disability was found to not meet the criteria for a higher rating, as it did not result in forward flexion of the thoracolumbar spine of 30 degrees or less.