Back / lumbar spine Board decisions

The Veteran's appeal of a rating in excess of 20 percent for degenerative joint disease of the thoracolumbar spine since November 25, 2014 is being remanded due to inadequate VA examinations and need for further clarification on functional loss during flare-ups.

The Board has determined that the Veteran's lumbar radiculopathy with left sided lumbar disc herniation is related to his military service and grants this claim. The acquired psychiatric disorder, including PTSD, remains under consideration.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, and no higher. The Board finds that his disability does not meet or more nearly approximate unfavorable ankylosis or demonstrate incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board denied an earlier effective date for the grant of service connection for lumbar IVDS, finding that the earliest possible effective date was January 28, 2010.

The Board has remanded the case due to scheduling issues and the need for a Statement of the Case (SOC) on the low back disability service connection claim.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's claims for service connection and increased evaluations have been denied. The claim of service connection for right pes planus has been reopened, but the evidence does not meet the criteria for a higher evaluation.

The Veteran's nerve damage of the left upper extremity and right upper extremity have been granted service connection with effective dates set at January 5, 2010.

The Board has reopened the Veteran's claim for service connection for a low back disorder, to include degenerative disc disease and spondylolisthesis. However, the evidence does not support a finding that these conditions are related to his military service.

The Veteran's lumbar spine disability is rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other issues remain unchanged with no new ratings granted.

The Board has determined that the Veteran's back disability did not have its onset in service and is not otherwise shown to be related to any incident of service. Therefore, the claim for service connection for a back disability is denied.

The Veteran's appeal is being remanded for additional development of his low back disability claims, including obtaining VA and private treatment records from April 2009 to the present.

The Board denied the Veteran's claims of service connection for a right foot disability, low back disability, and left knee disability. The Board found that the current disabilities were not related to his in-service injuries or conditions.

The Board has remanded the case for consideration of an extraschedular rating for low back pain with degenerative changes, as there are symptoms not addressed in the current rating criteria.

The Board found that the Veteran did not meet the criteria for service connection for PTSD, a skin disorder, or a back disorder. The evidence did not establish current diagnoses of these conditions and there was no credible supporting evidence of in-service stressors.

The Board has granted service connection for a back disability, diagnosed as chronic mechanical low back syndrome, which is found to be proximately due to the Veteran's service-connected bilateral ankle disabilities.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective March 10, 2008. The Board finds that a higher rating is not warranted as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board found no evidence of a chronic back disability present in service and denied the Veteran's claims for service connection.

The Board has granted a rating of 40 percent for the Veteran's lumbar spine disability from December 9, 2011, based on forward flexion to 30 degrees or less and incapacitating episodes lasting at least two weeks but less than four weeks. The TDIU claim is denied.