Back / lumbar spine Board decisions

The Veteran's lumbosacral strain is rated at 20 percent since April 28, 2019. His right lower radiculopathy and left lower radiculopathy are also rated at 20 percent each.

The Veteran's initial and increased rating claims for degenerative joint and disc disease of the lumbar with chronic lumbar strain are denied.,Service connection secondary to service-connected PTSD is remanded for further development.

The Veteran's initial rating for his service-connected cervical spine DDD was increased to 10 percent in a June 2019 rating decision. The Board denied an initial higher rating, but the Court granted a JMPR vacating that portion of the decision. This matter is being remanded due to inadequate examination and need for additional development.

The Board denied a rating in excess of 20 percent for lumbosacral strain with arthritis, finding the evidence against finding flexion limited to 30 degrees or less.

The Board has determined that the Veteran's cervical spine disability is related to his service-connected lumbar strain with mild scoliosis and kyphosis. The issues of increased ratings for lumbar strain, left lower extremity radiculopathy, and TDIU are remanded.

The Board has remanded the case due to insufficient compliance with previous directives and the need for a supplemental medical opinion regarding the etiology of the Veteran's mild dextroscoliosis.

The Board has reopened the Veteran's claim for service connection of a low back disability due to new and material evidence received since the last final denial. The case is now remanded for further development, including obtaining VA treatment records and Social Security Administration (SSA) medical records.

The Veteran's claim for a higher rating for his cervical spine disability is being remanded due to the need for updated VA treatment records and a new VA examination.

The Veteran's residuals of status post lumbar laminectomy prior to August 16, 2017 were rated at 10 percent and the Board found that a higher rating was not warranted based on the evidence.

The Board denied the Veteran's claim for an effective date prior to November 29, 2016 for the grant of TDIU. The evidence did not show that the Veteran was unable to secure and follow a substantially gainful occupation solely due to his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and tinnitus, have prevented him from securing or following a substantially gainful occupation prior to July 29, 2016. The Board has granted TDIU on an extra-schedular basis.

The Veteran's lumbar strain is currently rated at 20 percent, effective from March 6, 2020. The Board denied the claim for an increased rating as his symptoms do not warrant a higher evaluation.

The Veteran's claim to reopen entitlement to service connection for a low back disability has been granted. The issues of entitlement to service connection for various other conditions have also been remanded.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus denying his claim for TDIU.

The Veteran is granted a higher level of SMC at the intermediate rate between subsections (m) and (n), as his psychiatric disability, on its own, requires aid and attendance. He also has another separate disability rated at 100 percent due to low back pain, which necessitates aid and attendance.

The Veteran has withdrawn his appeals for all issues related to service connection, including asthma, ankle disability, depression, foot condition, low back condition, neck condition, right knee condition, sinusitis, and sleep apnea.

The Veteran's TMJD, generalized anxiety disorder with depressive symptoms, lumbar degenerative disc disease with small focal central disc herniation, right wrist sprain, status post right thumb fracture, healed, peripheral neuropathy of the median nerve (left index finger and right thumb), patellofemoral pain syndrome of the left knee, patellofemoral pain syndrome of the right knee, lateral collateral ligament sprain of the left ankle, lateral collateral ligament sprain of the right ankle, tinnitus, trochanteric pain syndrome including trochanteric bursitis (right hip), hallux valgus of the left foot, and hallux valgus of the right foot have all been granted effective dates prior to June 22, 2018.,The Veteran's recurrent urinary tract infection has not been granted an effective date prior to June 22, 2018.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent prior to December 6, 2019, and in excess of 40 percent thereafter for low back disability, as well as his claim for TDIU prior to April 16, 2019. The remand is due to the need for issuance of a supplemental statement of the case.

The Veteran's lumbar spine degenerative disc disease has been rated at 20 percent since the appeal period began, based on limitation of motion. The rating is not higher due to lack of unfavorable ankylosis or incapacitating episodes.