Back / lumbar spine Board decisions

The Veteran's service-connected lumbosacral strain and cervical strain have been granted increased ratings of 40 percent effective February 6, 2020. The rating for the lumbosacral strain is based on symptoms comparable to forward flexion of the thoracolumbar spine at or below 30 degrees, while the rating for the cervical strain is based on symptoms comparable to forward flexion of the cervical spine at or below 15 degrees.

The Veteran's disability rating for lumbar degenerative disc disease was increased to 20 percent effective June 1, 2016, and remains at this level until November 21, 2019.

The Board denied the Veteran's claim of service connection for a back disability, finding that there was no evidence of a chronic back disability during service and insufficient post-service medical records to establish continuity of symptomatology. The Board also noted conflicting statements from the Veteran regarding when he first experienced symptoms.

The Board has remanded the case due to inadequate medical opinions and need for additional development, including verification of service dates and a new VA examination.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbosacral strain with lumbar degenerative spine disease, status post-surgical repair of right shoulder, chondromalacia of right knee, and chondromalacia of left knee (status post meniscus tear). The remand is due to the Board's reliance on May 2018 VA examinations that did not comply with Correia v. McDonald and Sharp v. Shulkin.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to incomplete evidence. The VA will obtain additional medical records from private providers and provide a new VA examination.

The Board denied the Veteran's claim for an earlier effective date for a 40 percent rating for his service-connected lumbar spine disability, finding that there was no unadjudicated claim for an increased rating prior to March 28, 2008 and that it is not factually ascertainable from the evidence that the Veteran's disability increased in severity during the one-year period prior to March 28, 2008.

The Veteran's PTSD symptoms prior to March 6, 2020 resulted in reduced reliability and productivity. As of March 6, 2020, the Veteran's PTSD symptoms caused deficiencies in most areas but not total social impairment. The Board finds that a higher 50 percent rating is granted for PTSD prior to March 6, 2020, and a higher 70 percent rating is granted as of March 6, 2020.

The Veteran's service-connected lumbar fibromyositis with IVDS is granted a 60 percent rating effective November 13, 2015. The remaining claims of entitlement to service connection for bilateral hearing loss, tinnitus, benign paroxysmal positional vertigo, and cervical spine disability are remanded.

The Board has remanded the claim of service connection for a low back disability due to the Veteran's reports of in-service injury and symptoms, as well as post-service DJD. The VA will schedule an appropriate examination to determine the nature and etiology of the claimed condition.

The Board denied service connection for lumbar spine, left-hand, left arm, and left leg disabilities due to a lack of evidence linking these conditions to the Veteran's military service.

The Board has found that new evidence supports a readjudication of the claim, but it is remanding the case due to an inadequate VA examination report regarding whether the service-connected right knee disability aggravated the Veteran's thoracolumbar spine disability.

The Veteran's appeal for restoration of a 40 percent rating for degenerative joint disease of the lumbar spine is granted, effective December 1, 2019. The ratings assigned for right and left lower extremity radiculopathy are remanded.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that a higher rating is not warranted due to lack of unfavorable ankylosis or incapacitating episodes.

The Board dismissed the appeal of TDIU as the claim was granted in a previous rating decision, and there are no remaining questions of law or fact to be decided.

The Board has determined that the Veteran's low back disability is related to service and grants service connection for it.

The Board has granted service connection for lumbar strain and bilateral knee strain, finding that the Veteran's current disabilities are related to his combat service in Vietnam.

The Board has granted service connection for a lumbar spine disability, cervical spine disability, bilateral lower extremity radiculopathy, and an acquired psychiatric condition (unspecified depressive disorder) as secondary to the Veteran's service-connected lumbar and cervical disabilities. The decision is based on evidence showing continuity of symptomatology since service.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's upper back disorder, which is considered a direct service connection without any presumption or secondary link.

The Board has ordered additional development due to the lack of recent VA treatment records and updated findings from a previous examination.