Back / lumbar spine decisions — 2021

The Board has decided that a VA examination is needed to determine the etiology of the Veteran's lumbar spine disability, which was not fully addressed in the previous examination.

The Veteran's appeals for increased ratings for sciatica, left lower extremity; herniated disc with muscle strain and intervertebral disc syndrome (IVDS), lumbar spine; and strain, cervical spine have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that there is no evidence of a nexus between these conditions and his military service.

The Veteran's claims for higher ratings for his lumbar spine strain were denied. For the period prior to February 11, 2020, he was not entitled to a rating higher than 10 percent. Since February 11, 2020, he has been rated at 20 percent.

The Veteran's appeal for service connection for a bilateral eye disability has been withdrawn and is dismissed.,Service connection granted for tinnitus, with the condition onset in service.,Service connection denied for left knee strain as it did not onset in service and is not causally related to his service.,Remanded for further examination and opinion regarding obstructive sleep apnea.,Remanded for further examination and opinion regarding an acquired psychiatric disorder (including PTSD and unspecified anxiety disorder).,Remanded for further examination and opinion regarding a bilateral hearing loss disability.,Remanded for further examination and opinion regarding a lumbar spine disability.,Remanded for new VA examination to assess the nature and severity of functional diarrhea since January 2016.,Remanded for new VA examination to evaluate the nature and severity of residuals of left shoulder dislocation.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed bilateral eye, knee, lumbosacral spine, cervical spine, right ankle, and left ankle conditions. The claims are being remanded for further examination and opinion.

The Veteran's thoracolumbar and cervical spine disabilities are being remanded for further evaluation due to inadequate examination reports.,Service connection for obstructive sleep apnea is also being remanded.

The claim for service connection for right knee postoperative torn meniscus with osteoarthritis is reopened, and the case is remanded for further development. The Veteran's back disability, left ear hearing loss, and hypertension are also being remanded.

The Board has decided to remand two issues: the rating for chronic lumbar syndrome of L4-5 and the evaluation for left lower extremity radiculopathy. The Veteran's claims are being returned due to inadequate development.

The Veteran's appeals for increased ratings for his service-connected low back disability and radiculopathy have been dismissed as the appellant has withdrawn all issues on appeal.

The Veteran's service-connected disabilities, including persistent depressive disorder, degenerative joint disease of the lumbosacral spine, and bilateral knee conditions, prevent him from securing or following substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims for a higher rating for degenerative disc disease of the lumbar spine, right lower extremity sciatica, and TDIU due to procedural issues and lack of substantial compliance with previous directives.

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

The Board has decided to remand the case due to the need for additional development, including obtaining private treatment records and medical records related to the Veteran's long-term disability claim.

The Veteran's service-connected disabilities, including depression and knee conditions, have prevented him from securing or following substantially gainful employment since September 30, 2010. The Board has granted a TDIU effective that date.

The Veteran's lumbar strain and posterior facet joint arthropathy are granted as service-connected. The right ankle, sleep apnea, diabetes mellitus type II, right shoulder disability (other than right upper extremity radiculopathy), left shoulder disability (other than left upper extremity radiculopathy and residuals of stab wound), respiratory disability (to include asbestosis), and hemorrhoids are all remanded for further development.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability and bilateral lower extremity radiculopathy.

The Board denied service connection for neck and low back disabilities, finding that the Veteran's current conditions were not related to his active duty service.

The Veteran's lumbar spine disability was previously rated at 20 percent, effective October 15, 2007. The Board found that the current manifestations do not warrant a higher rating as they do not meet the criteria for an increased rating in excess of 20 percent.

The Veteran's neck condition and back condition have been denied initial ratings greater than the assigned 10 percent and 20 percent, respectively.,Both conditions are rated based on limitation of motion under Diagnostic Codes 5242 (neck) and 5237 (back).