Back / lumbar spine decisions — 2021

The Board has determined that the Veteran's claim of service connection for a low back disability should be remanded due to new and material evidence having been received. The issue of increased rating for chronic allergic rhinitis is denied.

The Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine has been denied.,The Veteran's claims for ratings in excess of 50 percent for service-connected headaches, and 10 percent for vertigo have all been denied.,The Veteran's claim for a compensable rating for bilateral hearing loss has been denied.,The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied.,The Veteran's claims for ratings in excess of 50 percent for sleep apnea have all been denied.,The effective dates for the grants of service connection for right lower extremity sciatic radulopathy, femoral radulopathy, and sleep apnea have all been denied.,The claim for a rating in excess of 20 percent for right lower extremity sciatic radulopathy prior to May 27, 2021, and in excess of 40 percent thereafter has been remanded.,The claim for a rating in excess of 20 percent for right lower extremity femoral nerve radulopathy has been remanded.,The Veteran's claims for automobile or other conveyance and adaptive equipment have been remanded.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining gainful employment prior to August 12, 2009.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for his left shoulder strain, left knee disability, or lumbar spine condition at any time during the relevant period. Service connection was also denied for PTSD as it did not meet the criteria for total occupational and social impairment.

The Board has decided to remand the case due to incomplete medical records and the need for a new VA examination to assess the nature and etiology of the Veteran's lower back condition.

The Board has granted service connection for the Veteran's lower back disorder, finding that it is due to in-service injuries and continues today.

The Board has granted service connection for right lower extremity radiculopathy (RLER) associated with the Veteran's lumbar spine disability, effective September 8, 2014. The decision resolves all reasonable doubt in favor of the Veteran.

The Veteran's service-connected disabilities, including lumbar spondylolisthesis, adjustment disorder, left knee strain, tinnitus, and right elbow trauma, render him unable to secure or follow substantially gainful employment.

The Board has dismissed the appeals regarding the reduction of disability ratings for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as they were not ripe for appeal after the proposed reductions were implemented in a subsequent rating decision.

The Veteran's low back disability is now rated at 40 percent, effective from the date of this decision.,The Veteran's right shoulder condition is now rated at 30 percent, effective from the date of this decision. The TDIU claim was denied.

The Board has granted earlier effective dates of January 26, 2000 for service connection for lumbosacral strain with degenerative disc disease and spinal stenosis, right knee strain with degenerative arthritis, left knee strain with degenerative arthritis, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as his non-service-connected cataracts prevented him from securing or following such employment.

The Board has remanded the issue of a rating in excess of 20 percent for lumbar strain with scoliosis and degenerative arthritis due to incomplete information from the VA examination.

The Veteran's low back disability was granted a rating of 20 percent prior to June 25, 2021. From that date, the Veteran is denied a rating in excess of 40 percent.

The Board has remanded the claims for service connection for lumbar spine arthritis, cervical spine degenerative disc disease, and fibromyalgia due to a lack of a VA examination addressing any relationship between the claimed disabilities and active service.

The Veteran's claim for a compensable rating for migraines was denied due to failure to report for the scheduled examination.,The Veteran's claim for a rating in excess of 70 percent for PTSD was denied as his symptoms did not meet the criteria for total occupational and social impairment.

The Board has granted service connection for depressive disorder, cervical muscle spasms, and lumbar myositis, minimal spondylosis as secondary to the Veteran's service-connected bilateral foot disability.,The evidence supports a finding that these conditions are related to his service-connected bilateral foot disability.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his claimed disabilities. The issues include bilateral carpal tunnel syndrome, cervical spine disability, lumbar spine disability, bilateral ankle disability, and right leg sciatica.

The Veteran's appeals for service connection or disability ratings have been dismissed as she has withdrawn her appeal in its entirety.

The Board has remanded the cases for further examination and evaluation due to lack of recent VA examinations. The Veteran's lumbar spine and bilateral lower extremity radiculopathy disabilities are being evaluated again.