Back / lumbar spine decisions — 2021

The Board has remanded the claims for a rating in excess of 20 percent for degenerative arthritis of the spine, radiculopathy of the right and left lower extremities. The VA will review the additional evidence provided by the Veteran.

The Veteran's initial claim for a higher rating for his back disability was denied, and he is currently rated at 10 percent. The Board found that the evidence did not support an increase in rating beyond this level during the period from July 1, 2013 through September 6, 2018. For the period since September 7, 2018, the criteria for a higher rating were also not met.

The Veteran's left ear hearing loss is granted as service-connected. The right ear hearing loss and low back disorder/cervical spine disorder claims are remanded for further evaluation.

The Veteran's service-connected degenerative arthritis of the lumbar spine with IVDS is granted an increased disability rating of 40 percent from March 11, 2014 to February 3, 2020. For the entire appeal period, a higher disability rating than 40 percent for this condition is denied.

The Board has granted the reopening of service connection for a back disability and has also granted presumptive service connection for lumbar spine degenerative disc disease and arthritis. The Veteran's continuous symptoms since service have been considered, as well as his in-service injury.

The Board has granted service connection for cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and peripheral neuropathy of the right lower extremity. Service connection was denied for peripheral neuropathy of the left lower extremity, obstructive sleep apnea, and chronic obstructive pulmonary disease.,The Board found that the evidence is at least in equipoise regarding these conditions, thus granting service connection based on the benefit of doubt.

Service connection for allergic rhinitis is granted.,An effective date prior to October 6, 2015 for the grant of service connection for right lower extremity radiculopathy and lumbar spine arthritis with lumbar spondylolisthesis (lumbar spine disability) is denied.,An effective date of March 28, 2008, and no earlier, for the grant of service connection for posttraumatic stress disorder (PTSD) is granted.,The Veteran's PTSD evaluation remains at 50 percent, with a remand to consider an increased rating.,The Veteran's lumbar spine disability remains at 10 percent, with a remand to consider an increased rating.,The Veteran's RLE radiculopathy remains at 20 percent, with a remand to consider an increased rating.,TDIU is granted based on service-connected disabilities.

The Board has remanded the case due to non-compliance with previous directives and for further development of the Veteran's cervical and thoracolumbar strain disabilities, including addressing his July 2012 lay statement regarding pain radiating down into his legs.

The Veteran's appeal for a higher rating for his lumbosacral spine disability was denied. The Veteran is eligible for financial assistance in purchasing an automobile with adaptive equipment due to the need for aid and attendance of another person, but further evidence is needed to substantiate this claim. The Veteran's need for SMC based on the regular need for the aid and attendance of another person remains pending.

The Board has remanded the claims for service connection for bilateral wrist carpal tunnel syndrome, an acquired psychiatric disability, sleep apnea, and a lumbar spine disability due to insufficient evidence.

The Board has remanded the case due to inadequate medical opinions and failure to consider all theories of entitlement, including continuity of symptomatology.

The Veteran's claims for increased ratings for low back strain with degenerative disc and joint disease, and left ankle strain with DJD were denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the cases for additional development to determine if the Veteran's back and neck disabilities are related to service, excluding any involvement of the motor vehicle accident on July 2, 2004.

The Board has remanded the claim for TDIU due to a failure to comply with previous directives and because of inconsistencies in the rating decisions. The Veteran's service-connected disabilities, specifically his right knee and left shoulder disabilities, prevented him from working since March 2014.

The Board has remanded the claims for back disability, headache condition, right hip disability, and left hip disability due to the need to obtain VA treatment records from Charleston VA Medical Center dated between 1978 and 2001.

The Veteran's lumbar spine disability was not found to meet the criteria for a higher rating prior to May 10, 2021 and from that date onwards. The left knee disability did not meet the criteria for a higher rating.,Radiculopathy of both lower extremities were also denied as they did not meet the criteria for a higher rating.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and other issues, including a remand for new opinions on the relationship between his current conditions and his service-connected disabilities.

The Veteran's lumbosacral strain with degenerative changes is now rated at 30 percent effective February 22, 2016.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's left ankle disability. The claim for service connection for a lumbar spine disability remains denied.

The Board has remanded the case due to an inadequate VA examination and missing service records. The Veteran's back disability, including right paraspinal thoracic strain, is related to active service.