Back / lumbar spine Board decisions

The Board has decided that the Veteran's back disability may have started during service or is related to his military service, and therefore remands the case for further development.

The Veteran's appeal is remanded due to the need for a new VA examination and retrospective opinion regarding his cervical spine disability. The issue of an increased rating in excess of 10 percent for cervical spine disability with degenerative disc disease remains pending.

The Veteran's right and left lower extremity radiculopathy were both rated at 10% prior to March 3, 2012. From March 3, 2012, the ratings for his right and left lower extremity radiculopathy increased to 20%. The rating for his back condition was also increased from 20% to 40% effective May 27, 2021.,The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Board has dismissed the Veteran's appeals for increased ratings in excess of 10 percent for cervical spine strain, sleep apnea, residuals of head injury with post traumatic headaches, right shoulder condition, back condition (lumbar degenerative disc disease), left knee degenerative joint disease, and dyspepsia or gastroesophageal reflux disease (GERD).

The Board has granted a disability rating of 20 percent for the Veteran's lumbar spine degenerative disc disease with retrolisthesis prior to April 3, 2019. From April 3, 2019 onwards, the claim was denied as the evidence did not meet the criteria for an increased rating.

The Veteran's low back disorder, diagnosed as degenerative disc disease, is now granted service connection.,Service connection for a lung disorder (COPD) has been reopened and remanded due to conflicting evidence regarding its etiology.

The Board has denied service connection for left hearing loss and remanded the issue of service connection for back condition.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent prior to January 7, 2014, and in excess of 50 percent on and after January 7, 2014, for a not otherwise specified depressive disorder; for a rating in excess of 40 percent for sacroiliac arthroplasty with sacroiliac joint dysfunction and lumbosacral spine limitation of motion; for a rating in excess of 20 percent for right hip degenerative arthritis with tendinitis and sacroiliitis; and for a rating in excess of 10 percent for left hip degenerative arthritis with tendinitis and sacroiliitis.

The Board has remanded the case for further development due to incomplete examination and referral of TDIU claim prior to January 29, 2021. The left femur/knee disability remains in dispute.

The Veteran's lumbar spine disability resulted in 30 degrees or less for forward flexion of the thoracolumbar spine from May 8, 2014 to May 7, 2015. The appeal is granted for this period with a rating of 40 percent.

The Board has granted service connection for a forehead scar but has remanded the Veteran's claims for cervical spine and thoracolumbar spine disabilities due to insufficient evidence.

The Board has granted service connection for low back, right hip, and left hip disorders as secondary to the Veteran's service-connected bilateral knee disabilities.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbar spine, right knee and left lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on this finding.

The Veteran's lumbar spine disability is rated at 20 percent prior to July 19, 2021, and at 40 percent thereafter. The Veteran is entitled to a higher rating for his back disability.,Right and left lower extremity radiculopathy were granted service connection effective April 22, 2014.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's low back disability. The VA will need to obtain additional medical records and provide a medical opinion.

The Veteran's low back disability is currently rated at 10 percent prior to December 30, 2015 and 20 percent thereafter. The Board finds that the evidence does not support a higher rating for any period.

The Board has remanded the Veteran's claims for initial ratings in excess of 20, 10, and 10 percent for his thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, left knee patellar chondromalacia and degenerative joint disease, and right knee patellar chondromalacia and degenerative joint disease due to the need for new examinations.

The Veteran's service connection for a back disorder and other disabilities is denied, while his TDIU claim is also denied due to the lack of evidence showing he is unable to secure and follow a substantially gainful occupation.

The Veteran's residuals of cholecystectomy are granted with a 10% rating. The issues of service connection for psoriasis, left great toe joint pain, and chronic low back pain are remanded.

The Veteran's initial claim for a higher rating for his service-connected degenerative arthritis and spondylolisthesis, lumbar spine was denied by the Board. The VA determined that the evidence did not meet the criteria for an evaluation in excess of 10 percent prior to May 24, 2018.