Back / lumbar spine decisions — 2021

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine, anxiety disorder, bilateral lower extremity radiculopathy, degenerative arthritis of the bilateral knees, and instability of the knees, have prevented him from securing or maintaining substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has remanded the cases due to a duty to assist error and the need for additional evidence, particularly private treatment records from Premier Neurological Services in Canton, Georgia.

The Board has granted service connection for a left knee disability and a lumbar spine disability, finding that the evidence is at least in equipoise as to whether these conditions are related to service.

The Veteran's claims for service connection for hypertension, left knee disability, right knee disability, PTSD, erectile dysfunction, and low back disability have been dismissed as the Veteran withdrew these claims prior to a decision being made.,Service connection has been granted for hemorrhoids. The evidence is at least in equipoise regarding whether the Veteran's current low back disability is related to his service.

The Veteran's appeal for an increased rating for his service-connected lumbosacral strain was dismissed as he withdrew the appeal in a September 2021 correspondence.

The Board has determined that the Veteran's low back disability is proximately due to his service-connected knee disabilities, and thus grants service connection for this condition.

The Board has remanded the Veteran's claims due to inadequate efforts by the RO in obtaining VA treatment records from 1972 to 2000. The Veteran is asked to clarify his arthritis and neuropathy claims, and any relevant private treatment records are sought.

The Veteran's lower back disorder is being remanded for an additional VA examination to assess the current severity of his condition, including during flare-ups and with repeated use over time.

A rating of 20 percent for low back disability is granted from September 18, 2012.,Ratings of 20 percent are granted for left and right lower extremity radiculopathy from February 14, 2017.

The Board has remanded the case due to challenges regarding the competency of VA examiners. The Veteran needs to provide curriculum vitae for specific VA examiners who provided opinions on his low back strain.

The Veteran's claims for increased evaluations of his service-connected lumbar spine conditions and left lower extremity radiculopathy are being remanded due to the need for additional development.

The Board has determined that additional development is needed to determine the relationship between the Veteran's service-connected disabilities and her current hypertension. The case is being remanded for further examination and opinion.

The Veteran's chest pains due to undiagnosed illness are currently rated at 10 percent, which is the maximum schedular rating. The Board finds that a higher rating is not warranted as his symptoms do not meet the criteria for a more severe disability.,The Veteran's low back pain with mild disc bulge L4-5 and cervical spine disabilities have been remanded due to inadequate examination findings regarding range of motion, ankylosis, and intervertebral disc syndrome (IVDS).

The Board has remanded both issues: the propriety of reducing the rating from 30 percent to 20 percent for DDD of the cervical spine, effective January 30, 2017, and the entitlement to an increased rating for service-connected DDD of the cervical spine. Both issues are inextricably intertwined.

The Board has granted service connection for the Veteran's degenerative disc disease of the cervical spine, finding that his symptoms began during service and resolving all doubt in his favor.

The Board has reopened the Veteran's claims for service connection for sarcoidosis, skin rashes / lesions (most recently claimed as skin condition), asthma, and degenerative disc disease of the lower back. These issues are remanded to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Board denied service connection for right knee and low back disabilities, finding that the current conditions are not related to events in service.

The Board has remanded the claims for service connection and rating of the Veteran's knee disorders, low back disorder, muscle spasms, neurotoxic exposure, and sleep disorder due to incomplete examination reports and procedural issues.

The Veteran's lumbar spine disability was rated as 10 percent prior to April 7, 2021 and 20 percent thereafter. The Veteran is not entitled to an increased rating for his lumbar spine disability.,The Veteran's radiculopathy of the right lower extremity was rated as 10 percent. The Veteran is not entitled to an increased rating for this condition.,The Veteran is granted a TDIU from January 22, 2013 to August 2, 2018.

The Board denied the Veteran's claim for service connection for lumbar spine disorder, finding that there was no evidence to support a nexus between his current diagnosis and active duty service.