Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for service connection for low back condition, left knee disability, and right knee disability due to a lack of VA examination.

The Board denied service connection for a low back disability and a left shoulder disability, finding that the preponderance of evidence did not support a link to service.

The Board has granted reopening of the claims for service connection for back condition and an acquired psychiatric disorder, including PTSD, depression, somatization disorder, and anxiety. The claims are remanded for further development.

The Veteran's lumbar spine disability is rated at 20% prior to May 23, 2021 and at 40% since then. The Board has remanded several issues including initial ratings for radiculopathy of the right lower extremity, neuropathy of the right and left lower extremities, and TDIU.

The Veteran's initial rating for low back disability is denied as his range of motion does not meet the criteria for a higher rating. His right lower extremity sciatic nerve radiculopathy is granted with an initial rating of 20 percent.

The Board has remanded the Veteran's claims for service connection due to outstanding records and need for additional examinations. The issues include arthritis of the back, wrists, knees, colon condition, and skin cancer.

The Veteran's claims for service connection on multiple conditions are being remanded due to incomplete records and the need for further medical opinions.

The Board has decided to remand both issues on appeal due to the need for additional examinations and opinions regarding the Veteran's lumbar spine disability and right foot condition. The claims will be returned to the AOJ for further review.

The Veteran's appeal for an increased rating for tinnitus has been withdrawn. Service connection for left ear hearing loss is granted, with the grant of service connection being based on a presumption of in-service noise exposure. The case is remanded for further examination and evaluation regarding his back disability, bilateral hearing loss, and TDIU.

The Board has granted service connection for migraine headaches. The cases of low back disability and right knee disability are remanded for further development.

The Board has denied service connection for lumbar spine disability, sleep apnea, eye disability, gastroesophageal reflux disease (GERD), vasectomy, and posttraumatic stress disorder (PTSD). Bilateral peripheral neuropathy of the lower extremities is remanded.

The Board has decided to remand the claims of service connection for back condition, RLE radiculopathy, acquired psychiatric condition, and IBS due to additional development being needed. The Veteran's lay statements regarding the onset and continuity of his symptoms are not considered in the current medical opinion.

A 20% evaluation for the service-connected lumbosacral strain (back disability) is granted from June 8, 2011 to September 5, 2013.,Effective March 17, 2015, a TDIU on a schedular basis is granted. A TDIU on an extraschedular basis is remanded.

The Veteran's hypertension has been granted service connection. The left trunk disability, hypothyroidism, and other conditions have been remanded for further evaluation.

The Board has remanded the case due to inadequate opinions regarding service connection for a back disability. The Veteran's lay statements and medical records indicate possible service connection, but further examination is needed.

The Veteran withdrew his appeal, including for increased ratings and entitlement to a total disability rating for individual unemployability.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The low back disability claim is related to an in-service injury, but the radiculopathy may be aggravated by the back disability.

The Veteran's claims for earlier effective dates for ratings of his left hip and lumbosacral spine disabilities have been denied as a matter of law.,The claim for an earlier effective date for the bronchial asthma rating has also been denied, with the earliest possible effective date being March 6, 2009.

The Veteran's lumbar spine disability is rated at 10 percent, and separate ratings for RLE radiculopathy and LLE radiculopathy are granted. The Veteran's right knee injuries are each rated at 10 percent.,The Board has determined that the evidence does not support a higher rating for the Veteran's lumbar spine disability or his right knee injuries. However, the issues of separate ratings for RLE radiculopathy and LLE radiculopathy are remanded as there is conflicting medical evidence regarding these conditions.,The Veteran's right knee injuries are each rated at 10 percent. The Board has determined that additional evidence may be needed to determine if a higher rating is warranted.

The Veteran's right and left lower extremity radiculopathy have been granted service connection, but the RO did not award separate ratings for these conditions in April 1999. The effective date of service connection is set at August 21, 2018.