Back / lumbar spine Board decisions

The Board has decided one issue on appeal and remanded the remaining issues for further development. Additional development is necessary, including obtaining VA treatment records and scheduling a VA examination.

The Board has dismissed the Veteran's appeals for service connection of COPD, a back disability, and PTSD. The right toe disability is granted.

The Board has granted service connection for a low back disability, finding that the evidence is at least in equipoise as to whether it had its onset during or is otherwise related to active service. The Veteran's lay statements concerning the onset and continuity of his low back pain are considered credible.

The Board has remanded the Veteran's claims of service connection for lumbar and cervical spine disabilities, as well as a sinus condition. The reasons include insufficient rationale in the previous opinions and need for updated treatment records.

The Board has decided to remand the case due to new evidence showing a diagnosis of lumbar spondylosis, which was not present at service entry. The examiner is asked to determine if this condition is related to service, including in-service lifting injuries and flareups.

The Board has granted service connection for bronchial asthma, finding that the Veteran's current diagnosis of asthma is related to his military service. The back disability claim was not addressed as it does not meet the criteria for direct service connection.

The Board has remanded the case for additional development, including obtaining a retrospective medical opinion. The Veteran's lumbar spine disability was previously rated at 20 percent and is not entitled to an increased rating.

The Veteran's service connection claim for a thyroid disorder is granted, and he is assigned an initial schedular rating of 100 percent for PTSD. The claims for increased ratings for his lumbar spine disability, neck disability, forehead scar, left hand scar, and forehead scar are denied.

The Board has remanded the Veteran's claims for service connection for a low back condition and sleep apnea due to insufficient evidence of record. The Veteran is required to be afforded VA examinations to determine the nature and etiology of his claimed conditions, including exposure during service.

The Veteran's service-connected conditions prevent him from securing or following a substantially gainful occupation, warranting a TDIU rating.

The Veteran's claim for increased ratings and TDIU related to his lumbar spine disability is being remanded due to the need for additional evidence and a new examination.

The Veteran withdrew his appeals for the lumbar spine, headaches, gastroesophageal reflux disease, right knee, and irritable bowel syndrome.

The Board denied an earlier effective date for service connection of spondylolisthesis L4 / L5 status post lumbar laminectomy and fusion with DDD, finding that the earliest probative evidence of a nexus between the Veteran's post-service lumbar spine disability and his active service was provided by a VA examiner in April 2015. The effective date for this grant of service connection is set at February 18, 2015.

The Board denied an increased rating for the Veteran's back disability, finding that it did not meet the criteria for a higher rating before May 14, 2020, and after May 14, 2020. The current rating of 20% is maintained.

Service connection for hypertension was denied.,The Veteran's left knee limitation of flexion and instability were not granted increased ratings, but a 10% rating was granted prior to February 24, 2015, and a 20% rating from February 24, 2015 through April 17, 2016.,The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome was granted a 40% rating prior to April 18, 2016 and denied for higher ratings thereafter. ,Service connection for right lower extremity radiculopathy of the sciatic nerve and left lower extremity radiculopathy of the sciatic nerve were not granted increased ratings.,Service connection for ankylosing spondylosis and degenerative arthritis of the cervical spine was granted, but denied for higher ratings.

The Board has granted service connection for low back and right knee disabilities, finding that the evidence is at least in equipoise as to whether these conditions began during active service.

The Veteran's bilateral trochanteric bursitis is granted as secondary to her service-connected fibromyalgia. The Board finds the determination of the August 2017 examiner concerning the relationship between the Veteran’s bilateral trochanteric bursitis and fibromyalgia to be especially probative.

The Board has decided the case is remanded due to insufficient evidence regarding whether the Veteran's right knee disability is proximately due to or aggravated by his service-connected conditions.

The Veteran's service-connected intervertebral disc syndrome, thoracolumbar spine and bilateral lower extremity radiculopathy are currently rated at 20 percent each. The appeal for higher ratings is denied.

The Veteran's initial claim for a higher rating for his lumbar spine disability prior to June 15, 2020 was denied as the evidence did not show flexion limited to 60 degrees or less, combined range of motion of 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The claim for a higher rating from June 15, 2020 was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.