Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for additional development due to incomplete records from Eglin AFB medical facilities. The Veteran is not contesting the effective date or rating assigned for service-connected obstructive sleep apnea.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that there was no evidence linking his current condition to his military service.

The Board has remanded the Veteran's claims for service connection for cervical spine degenerative disc disease, lumbar degenerative disc disease, and headaches due to inadequate medical opinions in previous examinations.

The Veteran's low back disability is rated at 40 percent, effective December 2, 2020. His sciatica of the left lower extremity is rated at 40 percent, effective October 9, 2015. His radiculopathy of the right lower extremity is rated at 20 percent, effective December 3, 2020.

The Veteran's lumbar spine disability is rated at 40 percent prior to November 30, 2012 and denied for a higher rating. Since November 30, 2012, the claim remains denied.

The Veteran's initial rating for degenerative disc disease of the lumbosacral spine has been granted at a 20 percent level. The ratings for her left and right knee disabilities have been remanded, as well as her claims for service connection for a right shoulder disability and pelvic floor dysfunction.

The Veteran's claim for a TDIU rating was reasonably construed as including claims for service connection of multiple conditions. The effective date for the TDIU rating is set at November 4, 2011.

The Veteran's service-connected disabilities, including Degenerative Disc Disease (DDD), stroke residuals, and peripheral neuropathy, are found to be at least in equipoise as to whether they prevent him from securing or following substantially gainful employment. As a result, the Board has granted entitlement to total disability rating based on individual unemployability due to service-connected disabilities effective August 25, 2011.

The Board has remanded the case due to the need for a more detailed medical opinion regarding the Veteran's lumbar spine disability, including whether it was initially manifested during service or pre-existed.

The Veteran's TDIU claim is granted for the period from April 1, 2014. Prior to that date, his TDIU was denied as he had been gainfully employed or able to obtain substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's cervical and lumbar spine disabilities, specifically their onset during service or relation to a left shoulder injury.

The Board has remanded the issues of entitlement to service connection for right and left knee disabilities, diabetes mellitus (DM), and ischemic heart disease (IHD) due to chemical exposure. The Veteran's back disability is rated at 40%.

The Veteran's claim for a higher rating for lumbar spine degenerative disc disease is remanded due to inadequate previous examinations and the need for an addendum opinion.

The Veteran's thoracolumbar spine, right knee patellar tendonitis, left knee patellar tendonitis, right ankle strain, and left ankle strain disabilities have been rated based on their current manifestations. The Board has found that the criteria for increased ratings are not met in all cases.

The Veteran's claim for a higher disability rating for his service-connected lumbar spine disability is denied. The Board found that the evidence did not support a rating in excess of 40 percent for this period.

The Board denied service connection for bilateral knee disability, lumbar spine disability, osteoarthritis of bilateral hand, carpal tunnel syndrome of bilateral wrist, and gastroesophageal reflux disease as these conditions were not shown to be related to active military service.

The Board has granted service connection for lumbosacral degenerative disc disease, right lower extremity radiculopathy of the sciatic nerve, and left lower extremity radiculopathy of the sciatic nerve associated with lumbosacral degenerative disc disease.

The Board has remanded the case due to an inadequate VA examination regarding the Veteran's back condition. The examiner needs to provide a more detailed opinion on whether the Veteran's congenital scoliosis is a congenital defect or disease, and if it was aggravated by service.

The Board has remanded the Veteran's claims for PTSD and a back condition due to inadequate VA medical opinions and failure to address relevant treatment records. The claims will be reconsidered with new medical opinions.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's left hip condition is secondary to his service-connected lumbosacral strain.