Back / lumbar spine Board decisions

The Board denied a higher rating for the Veteran's lumbar spine disorder on an extraschedular basis, finding that the schedular criteria adequately described his disability level and symptomatology.

The Veteran's claim for an increased rating for his lumbar spine condition prior to September 9, 2014 was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine of 30 degrees or less, favorable/unfavorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes requiring bed rest prescribed by a doctor. For the period from December 1, 2014, to October 1, 2020, and in excess of 10 percent from October 1, 2020, for the lumbar spine condition is remanded.

The Veteran's service-connected PTSD, anxiety disorder, depression, cervical spine disorders, lumbar spine disorders, and peripheral neuropathy do not prevent him from securing or maintaining substantially gainful employment.

The Veteran's right ankle strain is rated at 10% and not entitled to a higher rating.,There is no evidence of a back disorder related to service, and the claim for service connection is denied.,Service connection has been granted for the right shoulder disorder, but it was not incurred in or caused by service.,The Veteran's right knee and left knee disorders are not considered to be related to service.,There is no evidence of a back disorder related to service.

The Board has decided to remand the case due to insufficient evidence and inadequate opinions in previous VA examinations. The Veteran's low back condition is being reviewed again for a proper determination of service connection.

The Board has granted service connection for the Veteran's thoracolumbar strain and degenerative disc disease of the spine, finding that his current low back disability is related to an in-service injury. The claim was denied initially but was later granted after additional development.

The Board denied service connection for a low back disability, finding that the Veteran's current disabilities are not related to his military service or any service-connected conditions.

The Board denied an earlier effective date for the award of TDIU due to service-connected disabilities, finding that no claim was received prior to September 11, 2012.

The Veteran's rating for sensory deficits of the right lower extremity associated with lumbosacral strain was reduced from 10 percent to 0 percent effective June 1, 2015. The Board has now restored the 10 percent rating.

The Board denied service connection for sleep apnea, headaches, cervical spine disability, lumbar spine disability, right upper extremity disability, right lower extremity disability, left lower extremity disability, right hip disability, left hip disability, and right knee disability. The Board found that these conditions did not have their onset in service or are not related to any service-connected disabilities.,The Veteran's post-operative scar resulting from removal of a sebaceous cyst resulted in several small surgical scars which were not deep, did not involve tissue loss, and were less than 39 sq. cm. in size.

The Board has remanded the cases for further development and examination to address whether the Veteran's low back, right hip, and right ankle disabilities are related to his service-connected right knee disability.

The Board denied the veteran's claim for service connection for lumbosacral-spine disorder, finding that there was no evidence of a nexus between the current condition and active duty or inactive duty training. The examiner concluded that the back disorder is less likely than not related to service.

The Veteran's appeals have been remanded for further evaluation of various service-connected conditions, including sleep apnea, mood disorder, and thoracolumbar degenerative disc disease. The effective date for the grant of service connection for diabetes mellitus type II is denied.

The Veteran's claim for an increased evaluation in excess of 20 percent for a thoracolumbar spine strain with scoliosis prior to December 18, 2019, and in excess of 40 percent thereafter was denied. The evidence did not meet the criteria for higher ratings at any time during the appeal period.

The Veteran's lumbar spine disability is rated at 40 percent from May 29, 2019. The request to reopen the claim of entitlement to service connection for a right knee injury (claimed as bilateral knee injury) is denied.

The Veteran's claim for a higher award of special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities separate from his left leg amputation with loss of use of the left hand was denied. The Board found that none of his other service-connected disabilities, independent of his left leg amputation, require the regular need for aid and assistance.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's lumbar spine degenerative disc disease and whether it is related to his service-connected right knee disability.

The Board has remanded several issues, including the rating for lumbar spine facet syndrome prior to August 22, 2013 and ratings for lower extremity radiculopathy beginning January 8, 2020. The entitlement to TDIU was granted but with a condition that it be remanded.

The Veteran's back and lower extremity radiculopathy disabilities are being remanded for further examination to determine their current severity.

The Veteran's claims for service connection for heartburn, low back disability, and bilateral hearing loss are being remanded due to insufficient evidence. The Board will provide additional opinions on these issues.