Back / lumbar spine decisions — 2021

The Veteran's back condition was granted a rating of 40 percent from May 16, 2010 to November 14, 2010.,A higher rating for the back disability from November 15, 2010 to August 4, 2016 is denied.,A higher rating for the back disability from August 5, 2016 to September 26, 2019 is also denied.

The Board has remanded the claims for service connection for a back disability, left knee injury, and right knee injury due to insufficient opinions in the previous VA examination. The Veteran's lay statements regarding his symptoms during service will be considered.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and entitlement to special monthly compensation due to housebound status. The issues are inextricably intertwined, so both must be addressed together.

The Veteran's claim for an effective date earlier than September 7, 2006 for the award of service connection for degenerative arthritis of the lumbar spine with spinal stenosis was denied. The Board found that the evidence did not show the award of service connection was based all or in part on newly added service treatment records.,The Veteran's claim for an initial 40 percent rating for sciatica of the left lower extremity and right lower extremity was granted, effective September 7, 2006.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for special monthly compensation.

The Veteran's photophobia and dry eyes are related to service, resulting in a grant of service connection. His PTSD is rated at 70 percent since March 14, 2011.

The Board has remanded the Veteran's claims for service connection due to incomplete development and inadequate medical opinions. The claims will be reconsidered with additional evidence and expert medical opinions.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including gastrointestinal disability, knee and low back conditions, and lumbar radiculopathy. The remands are for additional development in order to provide adequate determinations.

The Veteran's claims for PTSD and an acquired psychiatric disorder, including depressive disorder, dysthymic disorder, and adjustment disorder, have been reopened. The claim of service connection for a low back disorder has also been remanded due to the need for additional medical examination.

The Board denied the Veteran's claim for service connection for a back condition, finding that there is no evidence of a current disability related to his military service.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and diabetes mellitus, type II. The Board found that there was no evidence linking these conditions to service or the Agent Orange exposure, and also noted that the Veteran did not have a current diagnosis of diabetes mellitus, type II.

The Veteran's lumbosacral strain was rated at 40% from April 26, 2010 to April 26, 2015. The Board granted TDIU effective January 1, 2012.

The Board has determined that the Veteran does not have current disabilities for right elbow, left elbow, left knee, right knee, left ankle, or right ankle. The service connection claims for these conditions are therefore denied.

The Board has remanded the claims for service connection for low back disability and left knee disability due to a lack of medical nexus opinions, requiring further development including VA examinations.

The Board has remanded the Veteran's claims for additional development and clarification regarding his service connection claims, particularly focusing on whether his current sleep apnea, low back pain, pelvic pain, numbness in feet, and numbness in hands are related to his service-connected Dercum's disease.

The Veteran's appeal includes issues related to the reduction of his rating for degenerative arthritis of lumbar spine with posterolisthesis and claims for increased ratings. The Board has determined that these matters are inextricably intertwined and have been remanded.

The Veteran's right foot and low back disabilities are remanded for further evaluation due to the need for a VA examination to determine if they are related to her service-connected bilateral hip and shin splint disabilities.

The Board denied service connection for a low back disability and bilateral sciatica, finding that the Veteran did not have current disabilities or evidence of continuity of symptoms since service.,The Board also found no secondary service connection for bilateral sciatica as it was not linked to his primary low back disability.

The reduction from 20 percent to 10 percent for the Veteran's service-connected left shoulder disability was improper, and the 20 percent rating is restored. The issues of entitlement to higher ratings for other conditions are remanded.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a current diagnosis of PTSD associated with the reported in-service stressor, and resolves reasonable doubt in her favor.