Back / lumbar spine Board decisions

The Board has determined that a remand is necessary due to the inadequacy of the May 2018 VA examination report, which did not fully address the duration of any incapacitating episodes caused by intervertebral disc syndrome (IDVS) and degenerative arthritis of the thoracolumbar spine. The Veteran's claim for a rating in excess of 20 percent for his spine disability is now remanded.

The Veteran's claims for increased ratings of his thoracolumbar degenerative arthritis and disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, and right shoulder degenerative joint disease with strain are being remanded due to the need for additional examinations and evaluations.

The Veteran's initial claim for a higher rating for his back disability was denied. However, the RO later granted an increased rating to 40 percent effective January 21, 2020.

The Veteran's initial compensable rating for allergic rhinitis, increased rating for cervical strain, and increased rating for lumbar strain have been denied. The issue of separate ratings for radiculopathy of the bilateral upper and lower extremities is remanded.

The Veteran's claims for service connection for low back disability and neck disability were granted. The claim for left shoulder disability was remanded.

The Board has remanded the claims for service connection for plantar fasciitis and a back disability as secondary to plantar fasciitis due to potential inadequacy of the VA examiner's opinion regarding the etiology of the Veteran's plantar fasciitis, including consideration of his lay statements and service treatment records. The issues are inextricably intertwined.

The Board has remanded the claims for further development due to the need for additional medical examinations and records.

The Board has remanded the Veteran's claims for sleep apnea, low back condition, cervical spine condition, bilateral hearing loss, tinnitus, right wrist condition, left wrist condition, right knee condition, and left knee condition due to additional development of evidence.

The Veteran's appeals for service connection were dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Veteran's lumbar strain and left lower extremity radiculopathy are rated at 20 percent, effective October 15, 2019. The right knee strain and left knee strain remain rated at 10 percent.

The Board has remanded the claims for hypertension, right knee disability, left knee disability, and back disability due to inadequate opinions in previous VA examinations. The claims are being returned for further development.

The Veteran's lumbar spine disability was rated noncompensably disabling prior to October 4, 2019. Since then, a rating of 20 percent has been denied for the condition.

The petition to reopen a previously denied claim for service connection for a lung condition, including COPD and asthma, is denied. The Veteran's claims for service connection for a back condition and left knee condition (claimed as arthritis of the lower extremities) are remanded.

The Veteran's lumbar spine disability is rated at 10 percent, and the Board finds that a higher rating is not warranted due to lack of evidence showing more severe impairment. The TDIU claim was also denied as the Veteran does not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's thoracolumbar degenerative disc disease with spondylosis is not rated higher than 20 percent prior to March 6, 2017 and 40 percent thereafter.,The Veteran's radiculopathy affecting the left leg is not rated higher than 10 percent prior to November 29, 2017 and 20 percent thereafter. The right leg radiculopathy is not rated higher than 10 percent.

The Board has granted an effective date of July 15, 2008 for the award of a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected multilevel degenerative disc disease of the lumbar spine.

The Veteran's GERD is granted a non-compensable rating. Service connection for lumbar spine disorder, right knee strain, and left knee strain are all granted.

The Veteran's total right hip arthroplasty, right knee DJD, left knee DJD, and lumbar spine disability have been granted increased ratings.

The Board has remanded the cases for further development due to insufficient evidence regarding the etiology of the Veteran's back and neck disabilities. The skin condition claim is denied.

The Board has remanded the cases of entitlement to a rating in excess of 20 percent for degenerative disc disease with cervical strain and entitlement to service connection for lumbosacral strain due to lack of VA treatment records from 1993 to present, and inadequate opinions regarding the etiology of the Veteran's lumbar spine disability.