Back / lumbar spine Board decisions

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated due to previous remand directives not being substantially complied with. The case is REMANDED for a new VA thoracolumbar spine examination and consideration of associated neurologic abnormalities, including urinary incontinence.

The Board has denied the Veteran's claims for service connection for a liver disability, an increased rating for his lumbar spine disability prior to September 18, 2019, and an initial rating in excess of 10 percent for right lower extremity radiculopathy. The claim for TDIU was also denied.

The Veteran's initial claim for a higher rating for his left ankle disability is denied as the evidence does not support a finding of marked limitation of motion.,For the period prior to August 23, 2017, the Veteran's low back strain disability warrants a 20 percent rating based on moderate limitation of flexion. The Board finds that this rating is appropriate given the evidence showing at worst forward flexion to 60 degrees with pain.,Since August 23, 2017, the Veteran's low back strain disability does not warrant a higher than 20 percent rating as there is no ankylosis or incapacitating episodes meeting specific criteria.

The Board denied service connection for a low back disability and left hip disability as secondary to the Veteran's left knee condition due to lack of evidence showing these conditions are related to his knee surgery.,The Board also denied service connection for a low back disability and left hip disability as secondary to the Veteran's left knee condition, finding no medical evidence linking these disabilities to the knee surgery.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is denied. A disability rating of 40 percent for gout is granted. The criteria for increased ratings for thoracolumbar spondylosis of L5 with degenerative disc disease are not met prior to December 3, 2019 and subsequent to that date. Increased ratings for left knee and right knee disabilities are also denied. A separate rating of 10 percent for instability of the right knee is granted. The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities (TDIU) effective October 1, 2020 is granted.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and degenerative arthritis of the lumbar spine, finding that there is no evidence linking these conditions to his military service.

The Board has remanded the case for further development and an examination to determine if the Veteran's lumbar spine disorder is related to his active service, including periods of ACDUTRA from May 1979 to September 1982.

The Veteran's claims for increased ratings for lumbar strain and degenerative disc disease, C5-C7, as well as service connection for a bowel/bladder disability secondary to cervical spine disability were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has granted service connection for chest pain as secondary to the Veteran's service-connected PTSD.,Service connection was denied for a left hand fifth finger disability.

The Veteran's claims for increased disability ratings for his lumbar spine degenerative disc disease and right knee patellofemoral syndrome with loose bodies and osteoarthritis are being remanded due to pending VA examinations that may impact the outcome of the claims.

The Board has decided to remand the case due to incomplete information and requires further development, including obtaining a VA examination.

The Veteran's low back disability is currently rated at 40 percent effective December 6, 2020. The Board finds that a higher rating is not warranted for any period under review.

The Board has dismissed the claims of service connection for a low back disability and traumatic brain injury as they have been fully granted in the December 2019 and October 2020 rating decisions.

The Board has remanded several issues related to the Veteran's lumbar spine, left ankle DJD, and right heel fractures. The TDIU claim is also remanded for further development.

The Veteran's back condition, including degenerative arthritis of the thoracolumbar spine, is remanded due to insufficient evidence regarding its relationship to service.

The Veteran's back condition, rated as 10 percent prior to March 3, 2021 and 20 percent thereafter, is not currently manifested by forward flexion of the thoracolumbar spine limited to 60 degrees or less; or, combined range of motion of the thoracolumbar spine limited to 120 degrees or less; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Therefore, a rating in excess of 10 percent prior to March 3, 2021 and in excess of 20 percent thereafter is denied.

The Board has decided to remand three issues related to the Veteran's service-connected left knee strain, right knee strain, and degenerative arthritis of the thoracolumbar spine for additional examinations to determine their current severity.

The Board has remanded the case due to conflicting evidence regarding an in-service head injury and the Veteran's current symptoms. The Veteran is not entitled to service connection for chronic residuals of a TBI, as there is no credible evidence linking his current headaches to service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU. The Board has also referred his claim for a higher rating for chronic sinusitis to the Under Secretary for Benefits due to its severity.

The Veteran's back disability was rated at 20 percent from January 3, 2010 to October 27, 2019.,A rating of 60 percent for the Veteran's back disability is granted as of October 28, 2019.