Back / lumbar spine decisions — 2021

The Veteran's bilateral plantar fasciitis was denied as not incurred in service and is not otherwise related to service.,Service connection for an eye condition due to trauma, asthma, lumbar strain, and right hip pain were remanded due to insufficient evidence of a nexus between the conditions and service.

The Board has dismissed the appeals for an earlier effective date and a higher rating for radiculopathy, bilateral lower extremity (femoral nerve), as these issues are currently pending in the legacy system.

The Board has determined that there are errors in the decision-making process and requires further development for claims of service connection for left knee, right knee, and low back disorders.

The Board has granted service connection for the Veteran's right shoulder, left shoulder, neck, and lower back disabilities, finding that these conditions are more likely than not related to his military service.

The Board has remanded the claims for service connection due to a lack of consideration of the combat presumption and the need for a VA examination regarding herbicide exposure.

The Board dismissed the Veteran's appeals for earlier effective dates of July 7, 2017, for the grant of service connection for left ear hearing loss and tinnitus. The appeal for an earlier effective date of July 7, 2017, for the 40% rating for degenerative arthritis and disc disease of the lumbosacral spine was granted with an effective date of July 7, 2017. Appeals for earlier effective dates of October 23, 2017, for service connection for right lower extremity radiculopathy and left lower extremity radiculopathy were also dismissed.

Service connection is granted for lumbosacral strain and degenerative arthritis with IVDS, but service connection for left total hip replacement is remanded.

The Veteran's service connection claims for right shoulder, elbow, cervical spine, and lumbar spine disabilities have been denied as there is no evidence of a chronic condition during or within one year after service, and the current conditions are not related to his military service.

The Board has determined that the Veteran's service-connected disabilities, including his right wrist, cervical and lumbar spine disorders, and a service-connected mental disorder, precluded him from securing or following substantially gainful employment throughout the appeal period. The claim for TDIU is granted.

The appeals for service connection of a left eye disorder, respiratory disorder (chest nodules), and left leg disorder have been dismissed. The appeals for stomach disability, lumbar spine disability, acquired psychiatric disorder, and hypertension are being remanded.

The Board has denied an initial rating in excess of 20 percent for the Veteran's lumbar spine disability prior to October 11, 2018. The Board has also remanded the issue of service connection for a sleep disorder, including sleep apnea.

The Veteran's claims for service connection and increased ratings on several disabilities have been remanded due to insufficient evidence or need for further examination.

The Veteran's severe degenerative disc disease with grade I spondylolisthesis of L5 is currently rated at 20 percent, and the Board finds that this rating adequately reflects his current symptoms.

The Veteran's right hip strain with limitation of flexion and impairment of thigh have not been rated higher than the current 10 percent due to lack of evidence showing more severe limitations.,Lumbosacral strain has also not met criteria for a higher rating, as there is no indication that it meets or approximates the criteria for a disability rating in excess of 10 percent.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and left lower extremity radiculopathy, as well as his claim for TDIU prior to March 5, 2020. The Veteran is required to undergo VA examinations to assess the severity of his service-connected conditions.

The Veteran withdrew his appeals regarding the right wrist injury and low back disorder claims, resulting in their dismissal.

The Veteran's service-connected low back condition and bilateral hearing loss are granted. Effective November 15, 2016, the Veteran is awarded a 30% disability rating for his bilateral hearing loss.

The Board has granted service connection for bilateral plantar fasciitis, back disability, left knee disability, and right knee disability. The claim for service connection for lattice degeneration with retinoschisis (claimed as bilateral retinal detachment) is remanded.

The Veteran's claim for service connection for a low back disability was reopened and granted. An effective date of February 16, 2011 is assigned.,Service connection for TBI is granted with an effective date of February 16, 2011. The Veteran's increased rating claim for TBI is remanded.,The Veteran's claim for service connection for COPD due to asbestos exposure is remanded.,Whether new and material evidence has been received to reopen the claim for service connection for an acquired psychiatric disorder (PTSD) is remanded.,Service connection for TMJ dysfunction is remanded.

The Board denied a higher disability rating for the Veteran's lumbar strain with herniated nucleus pulposus, finding that his symptoms did not warrant an evaluation in excess of 20 percent.