Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to errors in decision-making and incomplete evidence. The AOJ is instructed to obtain any missing treatment records from Dr. G.K.A., provide new VA examinations, and consider lay statements regarding the onset of symptoms.

The Board has granted service connection for lumbar spondylosis and varicose veins of the pelvic region as secondary to the Veteran's service-connected residuals of a right inguinal hernia. Service connection for reflux esophagitis is remanded due to insufficient rationale in the VA examination.

The Veteran's service-connected lumbar spine disability, right lower extremity radiculopathy, skin disability, cervical spine disability, and right upper extremity radiculopathy have been rated as per the criteria. The effective date for the award of a TDIU has been granted earlier than April 17, 2020, and an earlier effective date for the establishment of basic eligibility for education benefits under Chapter 35 (DEA) has also been granted.

The Board has determined that the VA examination conducted in January 2020 is inadequate and remands the case for a new examination to determine the etiology of the Veteran's low back disorder. The TDIU claim is also remanded as it is inextricably intertwined with the service connection issue.

The Board has determined that the Veteran's current lumbosacral strain with degenerative disc disease is related to his military service and grants service connection for this condition.

The Veteran's service-connected conditions do not render him unemployable, as he can perform sedentary work with some restrictions.

The Board has remanded the claims for service connection for back, right knee, and left knee conditions due to a duty-to-assist error. The Veteran's lay testimony regarding in-service duties and symptoms is considered sufficient to trigger VA's duty to assist.

The Board dismissed the appeal for a higher rating for degenerative disc disease with herniated nucleus pulposus at L5-S1 as the appellant's representative withdrew his appeal.

The Veteran's lumbar spine spondylolisthesis with status post-spinal fusion and healed scar was granted an initial 20 percent evaluation prior to September 2, 2014, a 40 percent evaluation from June 7, 2016, and denied any higher evaluations. The Veteran's lumbar radiculopathy of the left lower extremity received a 20 percent evaluation as of June 7, 2016.

The Board has determined that the VA examination was inadequate for failing to consider the Veteran's lay statements about his symptoms and their continuity since discharge. The matter is therefore REMANDED for a supplemental opinion.

The Veteran's claims for increased ratings for his low back disability, left and right lower extremity radiculopathy disabilities, and surgical scar post diskectomy are being remanded due to the need for new VA examinations to determine their current severity.

The Veteran's service-connected cervical spine injury and lumbar spine DJD are being remanded for further evaluation due to the possibility of increased disability since his last VA examination in June 2017.

The Veteran's back disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted as his forward flexion of the thoracolumbar spine does not meet the criteria for a higher rating under the General Rating Formula.

Your appeal for an increased rating for sinusitis and a reduction of your disability rating for back disorder has been dismissed as the Veteran withdrew his appeal prior to any decision being made.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability due to new and material evidence submitted since the final November 2001 rating decision. The case is now remanded for further examination and opinion regarding the nature, etiology, and relationship of any diagnosed lumbar spine disabilities to service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current low back disability is related to his in-service injury or service-connected conditions.

The Board has granted service connection for a lumbar spine disorder and an acquired psychiatric disorder, both related to the Veteran's service-connected bilateral knee disorder. The right ear hearing loss is also found to be related to in-service noise exposure. However, the issue of service connection for an acquired psychiatric disorder solely for eligibility purposes under 38 U.S.C. § 1702 is dismissed as moot.

The Veteran's appeal for service connection for an acquired psychiatric disorder has been resolved, and the matter is dismissed.,The Veteran's claim of a rating in excess of 40 percent for his lumbar spine disability is denied. The issue of service connection for Restless leg syndrome (RLS) is remanded. The issue of TDIU is also remanded.

The Board has granted service connection for a low back disability but has remanded the right-hand disability claim due to inadequate examination.

The Veteran's back disability, diagnosed as degenerative disc disease and degenerative arthritis, was found to not warrant a higher rating than 20 percent prior to October 15, 2015. The evidence did not show any significant worsening of the condition that would justify a higher rating.