Back / lumbar spine Board decisions

The Board has remanded the case for further development, including obtaining VA records and providing notice of secondary service connection.

The Veteran's claims for an increased rating for his lumbar strain with myositis and a TDIU are being remanded due to the need for additional development, including a new VA examination.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein.

The Board found that the Veteran's current leg and back disabilities are less likely than not caused or aggravated by his service-connected bilateral foot disability of pes cavus.

The Veteran's cholecystitis with GERD and hiatal hernia has been rated at 30 percent since April 15, 2015. The Board granted a higher rating for his lumbar spine disability.

The Board has determined that the Veteran does not have current diagnoses of left ankle, cervical spine (neck), or back disabilities. Therefore, service connection for these conditions cannot be granted.

The Veteran's PTSD with secondary major depressive disorder is rated at 70% since April 13, 2015.,The Veteran's degenerative arthritis of the lumbar spine is rated at 20% since February 20, 2015.,The Veteran's IBS is rated at 30% since February 20, 2015.,The Veteran's hyperhidrosis of the hands and feet remains rated at 10%.

The Veteran's appeal was denied for service connection claims and initial disability rating claims. The Board found no evidence of a current left shoulder disorder, and the issues concerning bilateral hand disorders, left wrist disorders, mechanical low back pain with mild joint facet arthropathy, postoperative residuals of a fracture of the right wrist, right wrist surgical scar, and left ankle sprain were not addressed due to lack of service connection claims. The Veteran's appeal is denied.

The Board has determined that the Veteran's service-connected right knee disability aggravated his diagnosed back and right hip conditions, warranting service connection for these disabilities.,The evidence is in equipoise regarding whether the Veteran's altered gait due to his right knee condition caused or aggravated his right hip osteoarthritis.

The Board found that the Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to April 4, 2003 and denied an earlier effective date.

The Board has decided that the Veteran's claim for an annual clothing allowance is granted.

The Veteran's claims for increased ratings were denied as he failed to report for scheduled VA examinations.

The Board found that the evidence did not support a finding of service connection for thoracolumbar degenerative disc disease and disc herniations, as it was less likely than not related to or resulted from the Veteran's military service. The claim for a higher rating for low back strain disorder also failed due to lack of evidence showing such disability had worsened beyond what is reasonably expected.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for further development.

The Veteran's lumbar spine disability resulted in forward flexion to 30 degrees or less but did not result in unfavorable ankylosis of the entire thoracolumbar spine, intervertebral disc syndrome resulting in incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, or associated objective neurologic abnormalities other than radiculopathy of the bilateral lower extremities. The Veteran's radiculopathy of the right and left lower extremities approximated no more than moderate incomplete paralysis.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine was denied as there were no incapacitating episodes and the range of motion did not meet criteria for ankylosis. The TDIU issue is addressed in the REMAND portion.

The Board has determined that the Veteran's current low back and bilateral knee disorders did not manifest during service or within one year of separation, and there is no evidence of chronicity. The claims for service connection are therefore denied.

The Veteran's appeal is being remanded due to the need for a new examination and because any determinations with respect to increased rating would affect his TDIU determination.

The Veteran's claims for increased disability ratings were denied. The Board found that the evidence did not support a grant of service connection for carpal tunnel syndrome, and his lumbar spine disability was rated as 20 percent disabling based on painful limitation of motion.

The Veteran's low back disability was found to not meet the criteria for a higher rating prior to April 11, 2016. Since that date, it has been found to still not meet the criteria for a higher rating.