Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings for lumbar strain and degenerative disc disease, C5-C7, as well as service connection for a bowel/bladder disability secondary to cervical spine disability were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has granted service connection for chest pain as secondary to the Veteran's service-connected PTSD.,Service connection was denied for a left hand fifth finger disability.

The Veteran's claims for increased disability ratings for his lumbar spine degenerative disc disease and right knee patellofemoral syndrome with loose bodies and osteoarthritis are being remanded due to pending VA examinations that may impact the outcome of the claims.

The Board has decided to remand the case due to incomplete information and requires further development, including obtaining a VA examination.

The Veteran's low back disability is currently rated at 40 percent effective December 6, 2020. The Board finds that a higher rating is not warranted for any period under review.

The Board has dismissed the claims of service connection for a low back disability and traumatic brain injury as they have been fully granted in the December 2019 and October 2020 rating decisions.

The Board has remanded several issues related to the Veteran's lumbar spine, left ankle DJD, and right heel fractures. The TDIU claim is also remanded for further development.

The Veteran's back condition, including degenerative arthritis of the thoracolumbar spine, is remanded due to insufficient evidence regarding its relationship to service.

The Veteran's back condition, rated as 10 percent prior to March 3, 2021 and 20 percent thereafter, is not currently manifested by forward flexion of the thoracolumbar spine limited to 60 degrees or less; or, combined range of motion of the thoracolumbar spine limited to 120 degrees or less; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Therefore, a rating in excess of 10 percent prior to March 3, 2021 and in excess of 20 percent thereafter is denied.

The Board has decided to remand three issues related to the Veteran's service-connected left knee strain, right knee strain, and degenerative arthritis of the thoracolumbar spine for additional examinations to determine their current severity.

The Board has remanded the case due to conflicting evidence regarding an in-service head injury and the Veteran's current symptoms. The Veteran is not entitled to service connection for chronic residuals of a TBI, as there is no credible evidence linking his current headaches to service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU. The Board has also referred his claim for a higher rating for chronic sinusitis to the Under Secretary for Benefits due to its severity.

The Veteran's back disability was rated at 20 percent from January 3, 2010 to October 27, 2019.,A rating of 60 percent for the Veteran's back disability is granted as of October 28, 2019.

The Veteran's onychomycosis of the left and right hands were granted service connection as they began during active service.,Service connection was also granted for a low back disability, but the issue of service connection for a left shoulder disability is remanded due to insufficient evidence.

The Veteran's claim for a higher rating for his back disability was denied prior to July 16, 2019. From that date until February 3, 2021, he received a 40% rating.,From February 3, 2021 onward, the Veteran's claim remains pending as he is seeking an increased disability rating.

The Veteran's hearing loss, right index finger scar, and lumbosacral strain have increased in severity since his last VA examinations. The Board has ordered remand for the Veteran to be provided with new VA examinations to determine the current severity of these conditions.

The Board has remanded the claims for post-traumatic degenerative changes of the right knee, left knee, and lumbosacral strain due to outstanding VA treatment records potentially relevant to these issues.

The Board denied service connection for a back disability and diabetes mellitus, finding that the evidence did not support a link to service.,There is no indication of a chronic condition in service or within one year post-service, nor any evidence linking current conditions to service.

The Veteran's appeal for increased ratings for low back strain with degenerative disc disease is dismissed as the AOJ granted service connection for bilateral hearing loss, rendering moot his original claim. For the period prior to January 29, 2016, and from that date onward, the criteria for an increased rating are not met.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that the evidence is in approximate balance and granting the claim based on direct service connection.