Back / lumbar spine Board decisions

The Board has remanded the case due to an issue involving a claim of clear and unmistakable error (CUE) in a prior rating decision, which is distinct from the main issue regarding the effective date for service connection.

The Board denied the claim for TDIU, finding that the Veteran's service-connected disabilities do not preclude him from securing substantially gainful employment.

The Veteran's cervical spine, lumbar spine, and left knee disabilities have been granted service connection. The remaining issues of radiculopathy of the upper and lower extremities as well as right shoulder strain and right knee arthritis with chondromalacia are remanded for further evaluation.

The Board has remanded the Veteran's claims for higher initial ratings for cervical spine and low back disabilities, as well as his claim for TDIU due to service-connected disabilities. The claims are being remanded for additional development including obtaining medical records and scheduling a VA examination.

The Veteran was granted TDIU prior to January 5, 2009, and from October 1, 2009, to October 6, 2013.,TDIU was denied from January 5, to September 30, 2009, and as of October 7, 2013.

The Board has granted service connection for erectile dysfunction, low back arthritis, and bilateral lower extremity sciatica as secondary to service-connected disabilities. Service connection for ischemic heart disease (IHD) and hypertension have been denied.

The Veteran's service-connected IVDS and degenerative arthritis of the thoracolumbar spine, as well as cervical spine DDD with IVDS, have been granted increased ratings. The specific conditions include right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the femoral nerve, and left lower extremity radiculopathy of the femoral nerve.

The Board has granted service connection for low back disability, sciatica, and partial acromioclavicular joint separation of the right shoulder. Bilateral foot disability is denied.,Secondary service connection was also granted for these conditions.

The Board has remanded the claims for a thoracolumbar spine disorder and cervical spine disorder due to issues with range of motion testing and unemployability.

The Veteran's claims for increased evaluations of his left ankle and lumbar spine stenosis were denied. The Board found that the evidence did not support a higher rating than 10 percent for these conditions prior to specified dates.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to service-connected lumbar and thoracolumbar spine disabilities. The remand is necessary because the VA examinations do not provide all of the necessary information regarding the extent of range of motion during flare-ups, which affects the evaluation process.

The Veteran's claim for service connection for schizoaffective disorder is granted. The effective date of the increased rating for intervertebral disc disease with sciatic nerve involvement is set at November 21, 2012, when the Veteran filed her claim. The issue regarding an earlier effective date for the back disability remains pending and will be remanded.

The Veteran's claim for a rating in excess of 10 percent for degenerative arthritis of the lumbar spine was denied as there were no findings supporting more severe symptoms.,Service connection for tinnitus was denied because it was not shown to be related to service, and there is no evidence of continuous symptomatology since service.,Service connection for prostatitis was denied due to lack of in-service diagnosis or treatment, and the absence of continuity of symptomatology after service.,Service connection for residuals of a head injury was denied as there was no current diagnosis of TBI or its residuals.,Service connection for hypertension was denied because it was not shown to be related to service, and there is no evidence of continuous symptomatology since service.,Service connection for myopia was denied due to lack of in-service diagnosis or treatment, and the absence of continuity of symptomatology after service.,Service connection for OSA was denied as there is no evidence of its onset during service or a current diagnosis related to service.,Service connection for HIV was denied because it was not shown to be related to service, and there is no evidence of continuous symptomatology since service.,Service connection for gout was denied due to lack of in-service diagnosis or treatment, and the absence of continuity of symptomatology after service.

The Veteran's service-connected degenerative joint disease of the thoracolumbar spine is granted a disability rating of 20 percent effective February 22, 2021. The other claims for increased ratings are denied.

The Board has denied service connection for a right knee disorder, back disorder, frostbite residuals of the hands and feet, and vertigo.,There is no indication that any of these conditions were incurred or aggravated by military service.

The Veteran's right ankle sprain is rated at 10 percent, and his chronic lumbar strain prior to April 1, 2020 was also rated at 10 percent.,For the period before April 1, 2020, the Veteran's chronic lumbar strain was rated as 10 percent due to forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Board has remanded the claims for service connection, rating, and TDIU due to additional relevant VA clinical documentation submitted by the Veteran.

The Veteran's radiculopathy of the bilateral lower extremities and femoral radiculopathy of the left lower extremity are currently rated at 20 percent from December 21, 2016. The Veteran is not entitled to a higher rating for these conditions.,The Veteran's lumbar spine strain with disc herniation was rated at 20 percent from December 21, 2016 to March 24, 2020 and granted a 40 percent rating starting from March 24, 2020.

The Veteran's sleep apnea is granted as service-connected. The lumbar spine disability is granted a higher rating of 40 percent effective April 2, 2019. The left hip strain and left knee condition are each granted a 10 percent rating effective April 2, 2019.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran's current condition is not causally related to his military service.