Back / lumbar spine decisions — 2021

The Board has granted service connection for lumbosacral strain, finding that the Veteran's current condition is at least as likely due to his in-service low back pain syndrome.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Veteran's service-connected disabilities, including major depressive disorder and tension headaches (migraines), have rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

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

The Veteran's claim for compensation under 38 U.S.C. § 1151 for depression has been denied due to lack of evidence showing the disability was caused by VA care.,The Veteran's claim for service connection for indigestion acid reflux, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claim for service connection for headaches remains pending and requires further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for an acquired psychiatric disorder, secondary to headaches, has been denied as there is no evidence linking the condition to a service-connected disability.,The Veteran's claims for service connection for lumbosacral strain and cervical strain, both secondary to his right ankle disability, remain pending and require further examination to determine if they are related to service or due to another service-connected disability.,The Veteran's claim for service connection for a left knee disability, secondary to his right ankle disability, remains pending and requires further examination to determine if it is related to service or due to another service-connected disability.

The Board has granted service connection for spinal stenosis and degenerative disc disease with intervertebral disc syndrome of the lumbosacral spine, finding that these conditions are due to an in-service injury.

The Veteran's service-connected low back disability and radiculopathy of the sciatic nerves have been granted initial evaluations, with a focus on the lumbar spine and bilateral sciatica. The evaluations are effective from October 16, 2013.

The Board has decided to remand the claims for gastrointestinal reflux disease, back condition, and left ear hearing loss due to inadequate medical opinions in previous decisions. The Veteran's service records indicate treatment for an upset stomach and possible reflux related to GERD. The examiner should address whether the GERD is caused or aggravated by any medication used for his service-connected disabilities, including ischemic heart disease.

The Veteran's appeal is remanded for additional development to determine the appropriate disability rating and whether he is unemployable due to his lumbar spine disability.

The Veteran's service connection claim for right ear hearing loss is denied. The VA examiner found no current diagnosis of right ear hearing loss, and the Veteran does not have a current disability related to his thoracolumbar sprain or right shoulder that warrants an increased rating. A separate 10 percent rating was granted for the right sciatic nerve disability.

The Veteran's initial rating for lumbar spine disability is denied, and a higher rating of 20 percent is granted. The Veteran's right lower extremity radiculopathy is rated at 10 percent. Service connection for Hepatitis C is remanded due to conflicting medical opinions. TDIU is also remanded.

The Veteran's claims for an increased disability rating for osteoarthritis of the lumbar spine and a TDIU have been remanded due to incomplete examination findings. Updated VA treatment records are needed, and the Veteran should be scheduled for a VA examination.

The Board has denied service connection for bilateral hearing loss disability and has remanded the issues of service connection for cervical spine, lumbosacral spine, and right hip disabilities.

The Board has decided that the Veteran's back disability may have started during service or is related to his military service, and therefore remands the case for further development.

The Veteran's appeal is remanded due to the need for a new VA examination and retrospective opinion regarding his cervical spine disability. The issue of an increased rating in excess of 10 percent for cervical spine disability with degenerative disc disease remains pending.

The Veteran's right and left lower extremity radiculopathy were both rated at 10% prior to March 3, 2012. From March 3, 2012, the ratings for his right and left lower extremity radiculopathy increased to 20%. The rating for his back condition was also increased from 20% to 40% effective May 27, 2021.,The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Board has dismissed the Veteran's appeals for increased ratings in excess of 10 percent for cervical spine strain, sleep apnea, residuals of head injury with post traumatic headaches, right shoulder condition, back condition (lumbar degenerative disc disease), left knee degenerative joint disease, and dyspepsia or gastroesophageal reflux disease (GERD).

The Board has granted a disability rating of 20 percent for the Veteran's lumbar spine degenerative disc disease with retrolisthesis prior to April 3, 2019. From April 3, 2019 onwards, the claim was denied as the evidence did not meet the criteria for an increased rating.

The Veteran's low back disorder, diagnosed as degenerative disc disease, is now granted service connection.,Service connection for a lung disorder (COPD) has been reopened and remanded due to conflicting evidence regarding its etiology.

The Board has denied service connection for left hearing loss and remanded the issue of service connection for back condition.