Back / lumbar spine decisions — 2021

The Veteran's lumbosacral sprain and bilateral lower extremity peripheral neuropathy were denied increased ratings. The lumbosacral sprain was not rated higher than 20 percent, while the right and left lower extremity peripheral neuropathies each received a 20 percent rating effective January 10, 2019.

The Veteran's initial evaluation for back strain with degenerative disc disease of the thoracolumbar spine was granted at a 40 percent rating from April 21, 2021. The initial evaluation for GERD prior to February 28, 2018, remains unchanged at a 10 percent rating.

The Board has remanded the case due to inadequate examination and failure to obtain private medical records. The Veteran's service-connected back disability is rated at 10 percent, but he seeks a higher rating.

The Veteran's back disability is rated at 10 percent from September 4, 2004 to January 7, 2016 and a 20 percent rating thereafter. The Board has granted an increased rating of 20 percent for the Veteran's service-connected back disability beginning July 28, 2008.,The Veteran's GERD is rated at non-compensable from September 4, 2004 to January 7, 2016 and a 30 percent rating thereafter. The Board has granted an increased rating of 30 percent for the Veteran's service-connected GERD beginning September 26, 2011.

The Veteran's appeals for a total disability rating based on individual unemployability, service connection for low back disability, and service connection for an acquired psychiatric disorder have been dismissed due to the death of the appellant.

The Veteran's claim for increased ratings on his right hip disabilities, service connection for a low back disability, left knee disability, and specially adapted housing is being remanded due to the need for additional development.,Service connection for a kidney disability and a low back disability are also being remanded as there was insufficient medical opinion regarding their relationship to the Veteran's left hip disability.

The Veteran's back condition has not met the criteria for a higher rating, and his TDIU claim is remanded due to insufficient evidence.

The Board denied service connection for bilateral hearing loss, PFB, left knee disability, right knee disability, sleep apnea, IBS, acid reflux disability, hemorrhoids, low back disability, left hip disability, right hip disability, pes planus, left foot disability, right foot disability, left ankle disability, and right ankle disability. The issues of service connection for these conditions are REMANDED.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that these conditions are more likely due to natural aging process rather than an in-service incident.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, effective March 9, 2020.,Prior to March 9, 2020, the Veteran's left lower extremity radiculopathy was rated at 10 percent. From March 9, 2020, it is rated at 40 percent.,The Veteran's lumbosacral strain is increased from 10 to 40 percent effective March 9, 2020.

The Board has granted service connection for major depressive disorder and anxiety, as well as back disability, for substitution or accrued benefits purposes.,Service connection was denied for the Veteran's back disability.

The Veteran's service-connected disabilities did not preclude him from securing or maintaining substantially gainful employment prior to November 2, 2020.

The Board has granted service connection for a low back disability, asthma, and an acquired psychiatric disorder. The claim for sleep apnea was denied as the Veteran does not have a current diagnosis of this condition.

The Board denied service connection for various conditions, including lumbar spine disability, right and left lower extremity frostbite residuals, psychiatric disorder (including PTSD), prostate cancer, cervical spine disability, shoulder, elbow, and wrist disabilities, and gastrointestinal disorders. The claims were not reopened due to lack of new and material evidence.

The Board has remanded the case due to insufficient analysis regarding functional loss caused by flare-ups and pain during the period on appeal. The Veteran is seeking an earlier effective date for a 40 percent rating for his lumbar spine disability.

The Veteran's hypertension and diabetes mellitus type II are granted as presumptively related to service due to herbicide exposure. Service connection is also granted for left knee, right knee, and lower back conditions, all presumed to be caused by herbicide exposure. The esophageal condition (GERD) is remanded for further examination.

The Board has determined that there has not been substantial compliance with the remand directives and thus, another remand is needed before the Board can adjudicate these issues.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's lower back condition, which is claimed to be related to service. The case will be returned for further examination.

The Board has remanded the Veteran's claims for bilateral knee disorders, low back disorder, and bilateral foot disorders due to insufficient medical opinions regarding their relationship to service.

The Board has remanded the cases for additional development due to incomplete medical opinions from a previous VA examination.