Back / lumbar spine decisions — 2021

The Board has granted service connection for the Veteran's low back disability, including any radiculopathy, as secondary to his service-connected left ankle disability. The TDIU claim is remanded.

The Board has denied service connection for bilateral leg and foot numbness due to lack of evidence showing current disability related to active service. The lumbosacral spine disability claim is remanded as the VA examiner's opinion was not based on a review of all available records.

The Veteran's claims for service connection, increased ratings, and TDIU have been denied. The Board found that the evidence did not support a finding of service connection for his low back disability or an increase in rating for his GAD with associated sleeping disorder prior to December 13, 2019.

The Veteran's major depressive disorder is rated at 100% from August 11, 2017 to present. The Veteran's low back strain is rated at 40%. From February 3, 2014 to August 10, 2017, the Veteran was granted a 100% rating for major depressive disorder. For both periods, the Veteran does not meet criteria for SMC based on need for aid and attendance or housebound status.

The Board has remanded the case due to errors in addressing the combat presumption and material evidence of record, as well as failing to address secondary service connection theories. The Veteran's low back disability is being reviewed for potential service connection.

The Veteran's appeal for increased ratings for various service-connected conditions was denied. The Board found that the evidence did not support a higher rating for any of the conditions, including right knee chondromalacia, left knee Palligrini-Stieda's disease with chondromalacia, seborrheic dermatitis, bilateral pes planus, right shoulder disability, left shoulder disability, right elbow disability, left elbow disability, bilateral hearing loss disability, residuals of traumatic brain injury (TBI), neck or cervical spine disability, and low back or thoracolumbar spine disability.

The Board has determined that additional evidence was not considered in the October 2020 Supplemental Statement of the Case and that a remand is necessary to consider this new evidence before making a decision on the claims.

The Board has denied service connection for neck, lumbar spine, right shoulder, right arm, right leg, and left leg disorders as they are not shown to be related to active duty service.

The Veteran's claims for service connection for ischemic heart disease and a back condition have been dismissed due to the death of the Veteran.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran's back disability was not incurred in or due to his time in service, nor is it proximately due to any of his service-connected disabilities. For his left knee disability, the rating assigned did not meet the criteria for an initial rating in excess of 20 percent. His residuals of a gunshot wound were rated appropriately under DC 5311. The Veteran's left and right hip disabilities were also rated appropriately under DCs 5003-5251.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional examinations and compliance with VA examination requirements.

The Veteran's claims for increased ratings in excess of 10 percent for right and left knee disabilities, lumbar spine disability, and hypertension have been dismissed as he withdrew his appeals prior to the Board's decision.

The Veteran's lumbar spine disability, left and right lower extremity radiculopathy, and acquired psychiatric disability (PTSD and anxiety disorder) have been rated based on their service-connected nature. The Board has found that the current ratings are not adequate to reflect the severity of these conditions.,The Veteran is being remanded for further examination to determine if his PTSD symptoms have worsened since his last VA examination in February 2017.

The Veteran's spinal disability, characterized as Scheuermann's disease of the thoracolumbar spine, is currently rated at 20 percent. The Board denied a higher rating due to lack of evidence showing forward flexion less than 30 degrees or ankylosis.

The Veteran's appeal is remanded for a new VA examination to determine the severity of his back condition, as the March 2014 examination report was inadequate and does not comply with Correia v. McDonald and Sharp v. Shulkin.

The Veteran's claim for a higher rating for his lumbar spine degenerative disc disease (DDD) was denied, as the evidence did not show ankylosis or incapacitating episodes of intervertebral disc syndrome. A separate rating for painful bowel function as a neurological manifestation of DDD was also denied.

The Board has granted service connection for degenerative disc disease at L5-S1 and back arthritis, finding that the Veteran's symptoms of back arthritis started during service and have been continuous since then. The decision is based on presumptive service connection due to chronic disease.

The Veteran's migraine headaches and chronic constipation are granted service connection as secondary to his service-connected cervical spine injury and medications for his service-connected cervical and lumbar spine disabilities, respectively. The Veteran is also granted a 20% disability rating for his hemorrhoids.

The Board has remanded the Veteran's claims of service connection for degenerative disc disease of the lumbar spine and depression due to procedural issues and additional evidence being added to the record.

The Veteran's migraine headaches are currently rated at 30 percent, effective February 23, 2012. The Board denied an increased rating for the service-connected migraine headaches.,The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities.