Back / lumbar spine Board decisions

The Veteran's lumbosacral strain with degenerative arthritis of the spine was denied for an initial rating in excess of 20 percent prior to January 17, 2019 and from January 17, 2019. The claim for a staged rating in excess of 40 percent is also denied.

The Veteran's service-connected left and right lower extremity diabetic neuropathy have been granted increased ratings of 60 percent each. Service connection for an upper back condition has been denied.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to her military service.

The Board has remanded the case due to conflicting medical opinions and a need for further clarification on whether the Veteran's low back condition is related to service or pre-existing.

The Board has remanded four issues for further development and consideration: service connection for a low back disability, respiratory disability (claimed as COPD), left ankle disability, and sterility. The Veteran's claims are being returned to the AOJ for additional medical opinions and records.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development. The initial rating for lumbar myositis remains at 40 percent, while other conditions remain denied.

The Veteran's claim for a left ankle disability is denied as he does not have a current diagnosis of this condition.,The Veteran's lumbar spine disability has been restored to its prior 20% rating effective October 1, 2017.

The Veteran's claim for a rating in excess of 20 percent prior to November 5, 2019 for his lumbar spine condition was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less.,The Veteran's claim for a rating in excess of 40 percent since November 5, 2019 for his lumbar spine condition was also denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.

The Board has determined that the etiological opinions provided by VA examiners are not based on an accurate factual premise and lack probative weight. Therefore, these claims are remanded for additional development.,VA examiners have failed to consider the Veteran's lay statements regarding his symptoms and their continuity since service.

The Veteran's lumbosacral strain was rated at 20 percent, but the Board found that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy of the sciatic nerve was granted a 10 percent disability rating effective March 23, 2017.

The Board has remanded the case due to insufficient rationale in the previous VA examination opinions regarding the etiology of the Veteran's left lower extremity condition and arthritis. The examiner is required to provide a fully explained rationale for their opinions.

The Board has remanded the claims for service connection of cervical and lumbar spine disabilities due to conflicting opinions from previous examiners. The Veteran's back and neck conditions are being reviewed again with a focus on whether they are related to active service.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it had its onset in service and is related to the Veteran's history of parachute jumps during active duty.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain with degenerative joint disease and herniated disc at L4-5 and L5-S1, with intervertebral disc syndrome, and with impaired ejaculation and urinary hesitancy was denied. The claim for an initial rating in excess of 20 percent for right lower extremity peripheral neuropathy with restless leg syndrome was also denied.

The Veteran's asthma and calcified pulmonary plaques are granted service connection. The issues of service connection for sinusitis, rhinitis, and low back disability are remanded.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a cervical spine disability and a low back disability. The cases are being remanded for further development, including obtaining VA treatment records and scheduling examinations.

The Veteran's claims for increased evaluations for DDD of the lumbosacral spine and chronic left knee musculoskeletal pain were denied as his conditions did not warrant a rating in excess of 20 percent.

The Board has granted service connection for a low back disability and awarded a rating of 70 percent for dysthymic disorder with major depression, chronic sleep impairment, and alcohol use disorder. The TDIU claim is denied due to the appellant's current employment status.

The Veteran's appeal for Total Disability based on Individual Unemployability (TDIU) prior to January 3, 2011 is dismissed as moot due to the award of Special Monthly Compensation (SMC).

The Board has determined that the VA remand instructions were not substantially complied with, and thus the case is being returned to the RO for further action.