Back / lumbar spine Board decisions

The Board has remanded the case due to insufficient evidence regarding the onset and relationship of the Veteran's lumbosacral spine disabilities to his military service.

The Board has determined that the Veteran's current neck disability is related to his service, and therefore grants service connection for this condition.

The Veteran's TDIU effective date is granted as of June 1, 2009. The Board found that the functional impairment from his service-connected disabilities prevented him from engaging in substantially gainful employment since that date.

The Board has remanded both issues for further development and consideration. The first issue is related to the character of discharge from active military service, while the second concerns service connection for a lumbar spine disability.

The Veteran's service-connected PTSD, anxiety, and depressed mood are granted. His OSA is rated at the maximum allowable rating of 50 percent. The right ankle sprain and TBI residuals as of April 18, 2019, each receive a 50 percent rating.

The Board has granted service connection for a lumbar spine disability, finding that the appellant's pre-existing condition was permanently aggravated by her ACDUTRA service. The right leg condition is remanded as it may be related to the lumbar spine disability.

PTSD service connection is dismissed.,Right and left knee disabilities are characterized by pain and limited range of motion in flexion and extension. The Veteran's right knee disability warrants a rating of 20 percent, but no higher, from December 10, 2020. Left knee disability also warrants a rating of 20 percent, but no higher, from the same date.,Cervical strain is characterized by pain and limitation of motion. The Veteran's cervical strain warrants a rating of 30 percent, but no higher, since December 10, 2020.,Lumbosacral strain is characterized by forward flexion limited to fewer than 30 degrees from the date specified. From that date, it warrants a rating of 40 percent, but no higher.,Left and right lower extremity radiculopathy are secondary to lumbosacral strain.

The Veteran's claims for increased ratings on his service-connected left wrist fracture, lumbar strain, left hip bursitis, and degenerative changes to the left knee are being remanded due to a lack of recent VA examinations.

The Veteran's claims for service connection have been reopened, and the Board has determined that new and material evidence has been received to support his claims. The Veteran is now granted service connection for hypertension (HTN), erectile dysfunction (ED), a respiratory condition including bronchial asthma/COPD, a lumbar spine disability, restless leg syndrome of both lower extremities, gout, and obstructive sleep apnea (OSA).

The Veteran's TDIU claim is remanded due to the need for a new examination to assess his lumbar spine disability, pes planus, and bilateral lower extremity radiculopathy. The examiner must consider the severity of flare-ups and functional limitations caused by these conditions.

The Veteran's low back condition is rated at 40 percent, and the Board has granted a 20 percent rating for right lower extremity radiculopathy and left lower extremity radiculopathy. The appeal regarding service connection for obstructive sleep apnea and erectile dysfunction is remanded.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess the current severity of his service-connected disabilities.

The claim for service connection for a neck disorder was denied. The rating for low back strain with degenerative disc disease, arthritis is remanded and the TDIU claim is also remanded.

The Board has decided to remand the Veteran's claims for service connection for a right knee disorder and low back disorder due to incomplete compliance with previous remands, inadequate medical opinions, and missing service treatment records.

The Veteran's claims for increased ratings for low back, right knee, and left knee disabilities have been denied. Effective dates earlier than July 1, 2006, for the grants of service connection for these disabilities are also denied.

The Veteran's claim for service connection for tinnitus has been granted. The claims for service connection for bilateral hearing loss, a bilateral eye disability, cervical spine disability (claimed as cervical strain), lumbar spine disability (claimed as lumbar strain), right knee patellofemoral pain syndrome, left knee patellofemoral pain syndrome, and bilateral plantar fasciitis are remanded. The claim for service connection for an acquired psychiatric disorder other than an insomnia disorder (to include posttraumatic stress disorder (PTSD)) is also remanded.

The Veteran's petition to reopen claims for TBI, PTSD, and various orthopedic disabilities have been granted. The cases are now remanded for further development.,The Board has determined that new evidence supports reopening the claims but cannot definitively link the conditions to service without additional examination.

The Veteran's claims for higher initial ratings for his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, and TDIU prior to October 17, 2019 are remanded due to the need for additional development.

The Veteran's PTSD is rated at 70 percent, but not higher. The Board found that the disability does not meet criteria for a higher rating due to insufficient evidence of total occupational and social impairment.,For lumbar spine disability, the Veteran was granted an increased rating to 20 percent effective March 10, 2018. The current rating is based on forward flexion limited to 45 degrees with no ankylosis or incapacitating episodes due to intervertebral disc syndrome.,For right ankle disability, a 10 percent rating was granted effective March 10, 2018. The Veteran's disability is characterized by moderate ankle symptoms including painful motion and limited dorsiflexion and plantar flexion.

The Board has granted service connection for degenerative joint disease and degenerative disc disease of the lumbar spine. The appeal pertaining to an ear disorder other than bilateral hearing loss and tinnitus is dismissed.