Back / lumbar spine Board decisions

The Veteran's lumbar disability, right knee disorder (semilunar), and left knee disorder were granted initial ratings of 20 percent each. The effective dates are not specified.

The Board has remanded the case due to inadequate examination for determining the severity of the Veteran's lumbar strain prior to January 28, 2015. The VA examiner must provide a thorough assessment including range of motion studies and consideration of pain during flare-ups.

The Board denied the Veteran's claim for service connection for bilateral shin splints, finding that there was no evidence of a nexus between his current condition and his military service. The TDIU claim was also denied as the Veteran had not been found to be unemployable due to his service-connected disabilities prior to March 2019.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine is granted, with a specific rating of 40 percent effective from September 5, 2017. The claims for increased ratings for traumatic arthritis of the right knee and right hip strain/femur fracture are denied.

The Board has decided to remand the case due to inadequate range of motion testing in a previous VA examination, and requests that an addendum opinion be provided by a qualified examiner.

The Board dismissed the claims of service connection for a back disorder, bilateral hip condition, and left ankle disorder as secondary to the Veteran’s service-connected left first MTP joint disability.

The Board denied the Veteran's claim for a TDIU on an extraschedular basis, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment. The Board also denied DIC benefits under 38 U.S.C. § 1318.

The Veteran's claims for service connection are remanded due to the need for VA examinations to determine the etiology of his claimed conditions.

The Board denied service connection for a low back condition, left hip condition, and sleep apnea. The Veteran's esophageal reflux claim was not addressed as it does not fall under the scope of service connection.

The Board denied the Veteran's claims for service connection for arthritis of the bilateral hands and low back disability, finding no evidence to support these claims. The effective date for asbestosis was not changed.

The Veteran's service-connected disabilities do not meet the schedular criteria for consideration for TDIU prior to May 31, 2016.,From May 31, 2016, the preponderance of the evidence does not demonstrate that the Veteran’s service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection have been granted for lumbar and heart disabilities, bilateral hearing loss disability. The remaining claims were denied.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease (DDD) is being remanded due to the need for additional evidence and a new VA examination. The effective dates for the staged ratings are also under review.

The Board dismissed the Veteran's appeals for increased disability ratings in excess of 10 percent for tinnitus, right knee patellofemoral syndrome, left knee patellofemoral syndrome, and lumbar spine strain. The appeal for a compensable rating for left lower extremity radiculopathy was also dismissed as the Veteran withdrew his claims.

The Board has remanded the case due to conflicting opinions on whether the Veteran's low back disability is related to service or his right foot condition. The case will be reviewed with a focus on determining if there was an onset of the condition prior to October 2003 and if it is aggravated by his right foot.

The Veteran's claim for a higher initial disability rating in excess of 20 percent for lumbar spine degenerative arthritis with spinal stenosis, degenerative disc disease, and spondylosis was denied.,The Veteran's claim for a higher initial disability rating in excess of 20 percent prior to September 23, 2014, for left knee arthritis was denied.,The Veteran's claim for a higher initial disability rating in excess of 30 percent beginning November 1, 2015, for left knee arthritis status post total knee replacement was denied.,The Veteran's claim for TDIU prior to March 7, 2018, was not demonstrated and thus the claim must be denied.

The Veteran's claims for increased ratings for his left knee condition and lumbar degenerative disc disease have been denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's lumbar spine disability is rated at 20 percent prior to August 27, 2019. The Board has remanded the issues of rating in excess of 10 percent and 40 percent for DDD from that date.

The Board has determined that the VA examinations for the low back disability and lower extremity radiculopathy were insufficient, and remanded for further examination. The issues of service connection for lower extremity radiculopathy are inextricably intertwined with the issue of increased rating for a back disability.

The Board has decided to remand the claims of service connection for COPD, asthma, a disability manifested by high cholesterol, hypertension, and a back disability due to additional development being necessary.