Back / lumbar spine Board decisions

The Board has granted service connection for a low back disability, including low back strain, intervertebral disc syndrome, and mechanical back pain. Secondary service connection is also granted for radiculopathy and nerve impairment of the bilateral lower extremities affecting the legs, hips, and buttocks as related to the service-connected low back disability.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the combined effects of his service-connected disabilities on his employability.

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including obtaining a VA examination to address the etiology of the Veteran's lumbar spine and bilateral leg radiculopathy.

The Veteran's lumbar spine disability, which is manifested by degenerative disc disease and right lower extremity sciatic nerve involvement, has been granted a 40 percent rating effective February 6, 2017. The current rating adequately reflects the severity of his service-connected condition.

The Veteran's back disability is rated at 40 percent since March 31, 2005. The Board found that the service-connected back disability more nearly approximates painful limitation of motion with flare-ups resulting in forward flexion of 30 degrees or less during flare-ups.

The Veteran's left knee disability is rated at 10 percent, effective March 12, 2010. The Board found that the evidence was in relative equipoise as to whether symptoms of left knee instability more nearly approximated slight lateral instability from March 12, 2010 to May 23, 2017, and granted a separate initial rating of 10 percent for this period. From May 23, 2017, the Veteran's left knee instability was found to more nearly approximate slight lateral instability. The Board also found that reasonable doubt should be resolved in favor of the Veteran regarding his TDIU claim on a schedular basis.

The Veteran's claims for service connection were reopened and granted effective May 30, 2013. The Board also determined that the Veteran is entitled to an effective date of May 30, 2013 for his low back disability, right knee osteoarthritis, left knee osteoarthritis, painful healed scar of the right forearm, and nonpainful healed scar of the right forearm.

The case is being remanded for further development, including obtaining VA treatment records and providing the Veteran with a new VA examination to assess his service-connected back disability. The TDIU claim will also be adjudicated.

The Veteran's back disability is not manifested by forward flexion to 30 degrees or less, and he does not have ankylosis of the thoracolumbar spine. The criteria for a rating in excess of 20 percent for a back disability have not been met.

The Veteran's cervical spine disability is not rated higher than 20 percent. The ratings for his bilateral ankle sprains with osteoarthritis have been withdrawn by the Veteran.

The Veteran's right femur disability has been granted a non-compensable rating, effective from February 19, 2010. Service connection for the back disability was denied.

The Veteran's lumbar spine disability and associated radiculopathy have been rated at the maximum available benefit, with a 20 percent rating for each issue since June 29, 2017.

The Board found no evidence of a current back disability related to service and denied the Veteran's claim for service connection.

The Veteran's lumbar spine disability was found to not warrant a rating in excess of 20 percent, and his claim for service connection for sleep apnea was denied.

The Board has determined that the Veteran's current left leg and low back disorders are not service-connected, as they were either pre-existing conditions or did not develop during his military service.

The Veteran's lumbar spine disability is currently evaluated at a 20 percent rating, and the Board finds that this rating is appropriate given the evidence of record.

The Board has granted service connection for bilateral radiculopathy, lumbar strain and cervical strain effective from August 29, 2008, resulting in the award of $83,922.46 in VA benefits. The attorney's fees were withheld at a rate of 20% based on these past-due benefits.

The Board has determined that the Veteran's claim for increased ratings for his thoracolumbar spine disability is being remanded to allow for additional development of the evidence.

The Veteran has withdrawn her appeal, and the Board does not have jurisdiction to review the appeal.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of his medical records.