Back / lumbar spine Board decisions

The Veteran's appeal of the proposed decrease in the rating for his service-connected lumbar strain disability from 20 percent to 10 percent is dismissed because it was not a final decision and there are no questions of law or fact on appeal.

The Veteran's service-connected disabilities, including right ankle degenerative arthritis, PTSD, diabetes mellitus type II, peripheral neuropathy with radiculopathy of the lower extremities, and degenerative disc and joint disease of the lumbar spine, rendered him unable to engage in substantially gainful employment.

The Veteran's lumbar spine disability was rated at 20 percent from July 17, 2017. The Board found that the disability did not meet or more nearly approximate the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the claims for service connection for back condition, neck pain, temporomandibular disorder (TMD), and headaches due to a lack of verified service records. The AOJ is directed to obtain the appellant's service personnel records from the National Personnel Records Center.

The Board denied service connection for a low back disability and obstructive sleep apnea, finding that the evidence did not support a direct link to service.

The Board has decided that the Veteran's left leg sciatica is not service-connected due to a lack of evidence linking it to his service-connected lumbosacral strain. The case is being remanded for further evaluation and consideration.

The Board has granted service connection for migraine headaches but has remanded the issue of service connection for degenerative disc disease of the cervical spine due to insufficient medical opinions and exposure basis.

Service connection for PFB is granted. The Board finds that the Veteran's bilateral hip pain and thoracolumbar spine disability may be related to service, but further examination and opinion are needed.

The Veteran's TDIU claim was granted with a July 23, 2018 effective date. The Board found that the evidence showed she had been continuously employed since January 2016 and her service-connected disabilities prevented her from securing or following any substantially gainful occupation.

The Veteran's service-connected disabilities, including fractures and degenerative joint diseases of the knees, back, hips, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation for the entire period on appeal. The Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Board has determined that the Veteran's current cervical spine and lower back conditions are not related to his active military service, and thus denied entitlement to service connection for these conditions.

The Board has remanded the Veteran's claims for neck, right arm, left ankle, bilateral hip, and bilateral knee conditions due to insufficient medical opinions based on lack of in-service treatment records. The Veteran is advised to submit or identify any relevant evidence.

The Veteran's right knee osteoarthritis is currently rated at 10 percent, but the Board finds that a higher rating is not warranted due to limited motion of 10 degrees of extension.,The Veteran's semilunar cartilage removal of the right knee has been granted a 10 percent rating based on frequent episodes of joint pain and effusion.

The Board has remanded the claims for neck, back, bilateral shoulder, right elbow, right knee, and bilateral ankle conditions due to a lack of examination and incomplete medical records. The Veteran's statements about injuries sustained during service are considered credible.

The Board has determined that there is no evidence of a current disability for any of the claimed conditions, and thus service connection cannot be granted.

The Board denied the Veteran's claim for service connection of a low back disability, finding no credible and probative evidence indicating that he had such a condition during or proximate to his claim filing.

The Board has granted service connection for lumbosacral strain and tinnitus, finding that both conditions are etiologically linked to the Veteran's active-duty service.

The Board has granted service connection for the Veteran's back condition with arthritis, but as the effective date is post-dates the filing of the claim in this appeal, the Board will grant service connection to allow the AOJ to review the effective date. The claims for left knee disability and right knee disability are remanded due to pre-decisional duty to assist errors warranting addendum opinions.

The Veteran's cervical radiculopathy of the LUE and lumbar radiculopathy of the RLE are granted service connection. Service connection for cervical radiculopathy of the RUE is denied.

The Veteran's claims for increased ratings for degenerative disc disease, cervical spine and mid and lower thoracic spine were denied as the evidence did not show that the disabilities warranted a rating in excess of 20 percent or 40 percent respectively.