Back / lumbar spine decisions — 2021

Service connection granted for Grave's disease (hypothyroidism) and readjudication of the claim for a total disability rating based on individual unemployability due to service-connected disabilities is required. Bilateral hearing loss, tinnitus, lumbar spine disorder (arthritis), and obstructive sleep apnea are denied.

The Board has remanded the case for further development and adjudication due to issues related to service connection, increased rating, and TDIU.

The Board has remanded the Veteran's claims of service connection for a left knee condition and a lower back condition due to inadequate medical opinions regarding the onset and etiology of these conditions.

The Board denied service connection for residuals of frostbite, low back disability, asthma, high blood pressure, and diabetes mellitus as there was no evidence linking these conditions to the Veteran's military service.

The Board denied service connection for a low back disability, finding that the Veteran's condition was not incurred or aggravated during active duty and did not have its onset within one year of separation. The VA examiner concluded that the current low back disability is less likely than not caused by or related to military service.

The Board has remanded the Veteran's claims of service connection for back and bilateral hip disabilities due to a lack of substantial compliance with previous remand directives.

The Veteran withdrew his appeals for increased ratings in excess of 40 percent for HNP of the lumbar spine with DJD and IVDS, a rating in excess of 10 percent for right ankle sprain with DJD, a rating in excess of 10 percent for status post left ankle reconstruction with DJD, and an initial rating in excess of 20 percent for right shoulder degenerative arthritis with rotator cuff tear and acromioclavicular joint osteoarthritis.

The Board has decided to remand two issues: the Veteran's claim for service connection for a back condition and his claim for an increased rating for bilateral hearing loss. The VA will need to obtain all relevant medical records, including those from Cheyenne VAMC, and schedule the Veteran for examinations to determine the nature and etiology of his claimed conditions.

The Veteran's lumbar spondylosis with degenerative disc disease has been rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's acquired psychiatric disorder, unspecified reaction to severe stress and depression, is granted as service connected. The Veteran's PTSD claim is denied due to lack of verified in-service stressor. Service connection for a right knee disorder is denied because the preexisting condition did not worsen during service. Service connection for cervical spine and lumbar spine disorders are also denied.

The Veteran's claim for an increased rating of 20 percent for lumbar strain and bilateral facet hypertrophy is remanded due to the need for updated VA medical records and a new examination.

The Board denied the Veteran's claim for a TDIU due to his bilateral knee conditions and associated disabilities, finding that none of his service-connected disabilities meet the schedular criteria for a TDIU. The Board also found no evidence of unemployability due to these disabilities alone.

The Board denied service connection for sleep apnea, finding that the Veteran's current diagnosis is not related to her active duty service.,The Board denied service connection for a back disability, concluding that there is no evidence linking the condition to her active duty service.,The Board granted service connection for psoriasis on a direct basis, finding that the condition began during her active duty service.

The Veteran's initial rating for degenerative disc disease of the thoracolumbar spine was granted at a 40 percent evaluation, effective April 9, 2018. The appeal for a higher rating is denied.

The Board has determined that further development is needed to determine if the Veteran's lower back and cervical spine disabilities are service-connected, as claims for secondary service connection have also been raised.

The Veteran's service-connected disabilities did not render him unemployable from June 7, 2012, to December 5, 2012. The Board found that the preponderance of evidence showed he was not unemployable by reason of his service-connected conditions.

The Veteran's service connection claim for a cervical spine disorder is granted. The claims of increased ratings for arthrosis post left knee medial meniscus tear, lumbar degenerative disc disease with left sciatica, and left lumbar radiculopathy are remanded. The Veteran's claim of service connection for sleep apnea is also remanded. His claim of an increased rating for anxiety, NOS is remanded as well. Finally, his TDIU claim is remanded.

The Board has determined that the issues of service connection for a psychiatric disability, cervical spine disability, low back disability, and right hip disability must be remanded due to outstanding VA treatment records and need for additional medical opinions.

The Board has granted service connection for the Veteran's lumbar spine degenerative disc disease (DDD) arthritis, finding that the evidence is at least in equipoise as to whether it is related to service.

The Veteran's low back disorder, residuals of TBI, and headache disorder are granted service connection. However, the initial ratings for left femoral head avascular necrosis with proximal stress fracture left femoral shaft and right hip avascular necrosis remain remanded due to lack of updated VA medical records.