Back / lumbar spine decisions — 2021

The Board found that the May 2002 rating decision incorrectly determined that the Veteran's back disability was not aggravated by service. The decision is now revised due to clear and unmistakable error.

The Veteran's DDD of the cervical spine was initially rated at 10 percent from July 21, 2003 to July 9, 2010. The rating was increased to 20 percent from July 9, 2010 to August 31, 2011 and then to 30 percent from September 1, 2011 to February 6, 2014.,Effective March 5, 2021, the Veteran was granted a 20 percent disability rating for DDD of the cervical spine with spinal fusion.

The Board has remanded the claims for service connection for low back disorder, right hip disorder, bilateral knee disorder, and bronchitis due to additional development being required.

The Board has decided to remand the cases for further examination and medical opinion regarding the Veteran's lumbar spine disorder and bilateral hand disorders.

The Veteran's claims for diabetes mellitus, bilateral hearing loss disability, tinnitus, and various cold injury residuals are denied. The claim for chronic obstructive airway disease is also denied.

The Board has remanded the Veteran's claims for service connection for a low back condition, neck condition, and headache condition (including migraines) due to new evidence submitted since the last denial. The claims are currently under review.

The Veteran's claims for increased ratings and service connection were denied. The left wrist disability is rated at 10 percent, the left ulnar nerve impairment at 10 percent, and the low back condition is not considered service-connected.

The Board has remanded the claims for service connection for dementia, lumbar spine disability, and hypertension due to inadequate medical opinions. The claims are not granted as there is no evidence of a nexus between these conditions and active service.

The Veteran's claims for increased ratings have been remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's initial disability rating for degenerative disc disease (DDD) cervical spine remains at 10 percent, as her range of motion does not meet the criteria for a higher rating under the General Rating Formula.

The Board has remanded the cases for additional development due to new service personnel records showing multiple periods of active duty for training (ANACDUTRA). The claims will be reviewed with consideration of these additional periods.

The Veteran's service-connected degenerative joint disease with lumbosacral strain does not meet the schedular criteria for a TDIU. However, after considering all evidence of record, including VA and private medical opinions, the Board finds that there is sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of his service-connected disability.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence of an in-service injury or relationship to service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for increased disability ratings for his service-connected right knee osteoarthritis, lumbosacral strain, and left inguinal hernia.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's lumbar spine disability. The examiner is requested to provide an opinion on whether it is at least as likely as not that the condition began in service or is otherwise related to service.

The Board has remanded the case due to an error in not considering a medical opinion from Dr. Van Adams, and further evaluation is needed to determine if any identified recurrent lumbar spine disability had its onset during active service or is related to any incident of service.

The Board has remanded the claims for service connection due to missing STRs and outstanding VA medical records. The Veteran's conditions include left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, a lumbar spine disability, and dermatitis.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating, and there is no evidence to support an extraschedular TDIU rating due to her ability to secure and follow substantially gainful employment.

The Veteran's service-connected PTSD is granted with an initial rating of 70 percent, effective September 20, 2016. Service connection for bilateral tinnitus, bilateral hearing loss, and lumbar spine disability are also granted.

The Veteran's claims for service connection for anxiety and lumbar spine degenerative joint disease (djd) have been dismissed due to the Veteran withdrawing his appeals.