Back / lumbar spine decisions — 2021

The Veteran's appeal for whether new and material evidence has been submitted to reopen service connection for bilateral plantar fasciitis is dismissed.,The Veteran's appeal for service connection for a headache disorder is dismissed.

The Board has remanded the Veteran's claims for service connection for a lower back disorder and an acquired psychiatric disorder due to unclear notification of scheduled VA examinations. The appeals are now pending again.

The Veteran's osteoarthritis of the thoracolumbar spine is shown to result in abnormal thoracic kyphosis on MRI, which warrants a 20 percent disability rating.

The Veteran's initial compensable ratings for lumbar strain, cervical spine disorder, migraine headaches, and gastrointestinal disorder have been denied.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent or 40 percent.

The Board has remanded the Veteran's claims for service connection for allergic rhinitis, a back disability, and hemorrhoids due to inadequate examination reports and failure to address relevant evidence.

The Veteran's claim for a higher disability rating for thoracolumbar strain was denied as his condition did not meet the criteria for a higher rating based on limitation of motion or ankylosis. The current 20% rating is upheld.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the evidence did not support higher ratings or a TDIU based on his service-connected disabilities.

The Board has remanded the Veteran's claims for right hip, right knee, lumbar spine, and radiculopathy disabilities due to issues with the examinations provided by VA. The Veteran is seeking service connection for these conditions.

The Board has denied a compensable evaluation for the postoperative inguinal hernia repair with a scar and has remanded the issue of service connection for a low back disorder.

The Board has remanded the case due to inadequate examination findings and need for further development.

The Board has granted service connection for the Veteran's spondylolisthesis with DDD and DJD of the lumbar spine, finding that it is proximately due to his service-connected right knee disability.

The Veteran's appeal involves multiple service-connected conditions, including onychomycosis of the toenails, left shoulder strain, lumbar strain, and left tibial plateau fracture. The VA is directed to schedule examinations for these conditions and provide a thorough review of the medical records.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated due to previous remand directives not being substantially complied with. The case is REMANDED for a new VA thoracolumbar spine examination and consideration of associated neurologic abnormalities, including urinary incontinence.

The Board has denied the Veteran's claims for service connection for a liver disability, an increased rating for his lumbar spine disability prior to September 18, 2019, and an initial rating in excess of 10 percent for right lower extremity radiculopathy. The claim for TDIU was also denied.

The Veteran's initial claim for a higher rating for his left ankle disability is denied as the evidence does not support a finding of marked limitation of motion.,For the period prior to August 23, 2017, the Veteran's low back strain disability warrants a 20 percent rating based on moderate limitation of flexion. The Board finds that this rating is appropriate given the evidence showing at worst forward flexion to 60 degrees with pain.,Since August 23, 2017, the Veteran's low back strain disability does not warrant a higher than 20 percent rating as there is no ankylosis or incapacitating episodes meeting specific criteria.

The Board denied service connection for a low back disability and left hip disability as secondary to the Veteran's left knee condition due to lack of evidence showing these conditions are related to his knee surgery.,The Board also denied service connection for a low back disability and left hip disability as secondary to the Veteran's left knee condition, finding no medical evidence linking these disabilities to the knee surgery.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is denied. A disability rating of 40 percent for gout is granted. The criteria for increased ratings for thoracolumbar spondylosis of L5 with degenerative disc disease are not met prior to December 3, 2019 and subsequent to that date. Increased ratings for left knee and right knee disabilities are also denied. A separate rating of 10 percent for instability of the right knee is granted. The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities (TDIU) effective October 1, 2020 is granted.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and degenerative arthritis of the lumbar spine, finding that there is no evidence linking these conditions to his military service.

The Board has remanded the case for further development and an examination to determine if the Veteran's lumbar spine disorder is related to his active service, including periods of ACDUTRA from May 1979 to September 1982.