Back / lumbar spine decisions — 2021

The Veteran's service connection claims for hypothyroidism and lumbar bulging disc at L5-S1 and degenerative changes with bilateral foraminal stenosis are granted. The Veteran's claim for increased rating of conjunctivitis is remanded, as well as his claims for glaucoma and thoracic spine disability.

The Veteran's thoracolumbar spine disorder was not manifested by forward flexion of the thoracolumbar spine 30 degrees or less, and no favorable ankylosis of the entire thoracolumbar spine. Therefore, a rating greater than 20 percent is denied for this period.

The Veteran's low back disorder was granted a 20% disability rating from February 12, 2019 to December 1, 2019.

The Veteran's appeal for increased ratings and an earlier effective date is dismissed due to the Veteran's withdrawal. The issues of a rating in excess of 20 percent for radiculopathy, a rating in excess of 30 percent for major depressive disorder with anxiety disorder, and TDIU are remanded.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating as there was no evidence of forward flexion to 30 degrees or less or favorable ankylosis.

The Board has determined that the Veteran's low back disability, diagnosed as lumbar spondylosis with mild degenerative disc disease, is at least as likely as not related to his service, including parachute jumps during active duty. As a result, service connection for this condition is granted.

The Veteran's claims for service connection for lumbar spine, cervical spine, left shoulder, left deltoid bursitis, left ulnar neuropathy, right hip, and left hip disabilities are granted. The Veteran's claim for service connection for asthma is remanded, as is his claim for service connection for hypertension.

The Veteran's appeal has been dismissed as the appellant requested withdrawal of all pending claims and appeals.

The Board has remanded the case for further development to include obtaining VA and private treatment records from Balboa Hospital, specifically regarding the Veteran's back disorder.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as he is currently employed by the United States Federal Government.

The Board has granted service connection for left ankle arthritis as secondary to a service-connected right ankle sprain with degenerative arthritis. Service connection for the low back disorder is denied due to lack of evidence linking it to military service.

The Veteran's increased rating claim for cervical spine disability was denied as his condition did not meet the criteria for an increased rating in excess of 40 percent. The TDIU claim prior to June 7, 2007, was granted.

The Veteran's lumbar spine disability is rated at 20% and his impairment of the sciatic nerve due to radiculopathy/peripheral neuropathy of the left lower extremity was initially rated at 20%, but later increased to 40%. The Board denied higher ratings for both conditions.,The Veteran's lumbar spine disability does not meet or approximate the criteria for a rating in excess of 20%.

The Board has remanded the Veteran's claims of service connection for various disabilities due to insufficient examination findings and lack of consideration of certain factors.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's lower back condition, specifically related to his in-service parachute jumps and service pain.

The Board has denied a higher rating for the Veteran's low back strain, but has remanded the case due to additional development being needed. The TDIU claim is also on appeal.

The Board denied service connection for bilateral upper extremity cervical radiculopathy, lumbar spine disability, and lower extremity radiculopathy as the evidence did not show a current disability or etiology related to in-service injury.,The Board also denied service connection for a cervical spine disability, left shoulder disability, right shoulder disability, left foot disability, and right foot disability due to lack of evidence showing an in-service event, injury, or disease.

The Veteran's lumbar spondylosis with neural foramina narrowing at L4-L5 and L5-S1 was rated as 20 percent disabling from September 4, 2009 to May 6, 2015. The appeal is denied.

The Veteran's appeals for hypertension, allergic rhinitis, low back disorder, shin splints of the left leg, and shin splints of the right leg have been dismissed. The appeal for an initial rating greater than 30 percent for PTSD is remanded.

The Board has remanded the claims for increased ratings due to new evidence indicating muscle spasms and cervicalgia, which are not currently service-connected but may be related to the Veteran's service-connected back disabilities. The TDIU claim is also being remanded as VA did not obtain all requested private treatment records.