Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for increased ratings for various disabilities, including left shoulder and ankle disabilities, lumbar spine disability, and right knee disability. The issues include determining appropriate functional loss due to pain or other symptoms during flare-ups or with repeated use, as well as assessing whether there are any incapacitating episodes associated with these conditions.

The Board has granted service connection for lumbar spine arthritis and strain, finding that the evidence is at least evenly balanced as to whether the Veteran's back disability is related to his active duty service.

The Board denied service connection for a low back disability and a left shoulder disability, finding that the Veteran did not have chronic or continuous symptoms since service separation.,Service connection was also denied for gastroesophageal reflux disease (GERD), tonsillectomy residuals, anal fissure, bilateral calluses, and bilateral plantar fasciitis.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the spine with intervertebral disc syndrome, right lower extremity sciatic nerve radiculopathy associated with his lumbar spine disability, tinnitus, and coronary artery disease, status-post myocardial infarction, have rendered him unable to secure or follow substantially gainful employment from April 8, 2014 to May 29, 2018. The Board has granted TDIU for this period.

The Veteran's claims for increased ratings for degenerative changes of the lumbar spine and right knee have been dismissed as the appellant has withdrawn them.

The Board has remanded the Veteran's claims of service connection for lumbar spine disability, dermatitis, and right knee disability due to additional evidence received since the July 2019 Statement of the Case.

The Board has granted service connection for unspecified anxiety disorder, headaches, and obstructive sleep apnea. The claims for lumbar spine disability and sciatica are remanded.

The Board has decided to remand the claim for a low back disorder due to inadequate medical opinions regarding its relationship to service-connected disabilities. The case will be returned for further evaluation.

The Board has determined that additional development is needed for the Veteran's claims, including a new examination to assess his left ankle disability and opinions regarding secondary service connection for right ankle, bilateral knee, and low back disabilities. The appeals are REMANDED.

The Board has granted service connection for lumbar spine degenerative arthritis and left knee degenerative arthritis, finding that the evidence is at least in equipoise as to whether these conditions are related to active service or events therein.,Service connection was denied for a cervical spine disorder due to lack of evidence showing a chronic condition during service.

The Board has remanded the claims for service connection for a neck disability, low back disability, and right hip disability due to inadequate VA medical opinions in previous examinations. The Veteran's contentions that his disabilities are related to service duties involving the routine loading of heavy bombs onto aircrafts need to be addressed.

The Board dismissed the Veteran's appeals regarding his claims for increased ratings and service connection due to a request from the Veteran's representative to withdraw all of the Veteran's appeals.

The Board has determined that the Veteran's claims for increased ratings and service connection are not ready for decision due to outstanding records and outdated examination reports. The case is REMANDED for further action.

The Board has determined that the Veteran's lumbar spine disability pre-existed his period of active service and was not aggravated by service, thus denying service connection.

The Veteran's claims for increased ratings are remanded due to the need for additional medical examination and development of records.

The claim of entitlement to service connection for residual hernia surgery scars and right ear condition is granted. The claims of entitlement to service connection for low back, right knee, and left knee conditions are denied.

The Board has denied the Veteran's claims for service connection for a ruptured lumbar disc and right knee disability, as well as his claims for bilateral hearing loss and hip condition. The issues of service connection for these conditions have been remanded.

The Veteran's claim for an initial compensable rating for hemorrhoids was denied. The claims of service connection for a low back disability and a psychiatric disorder were remanded due to insufficient evidence.

The Veteran's claim for a higher disability rating for his service-connected lumbar strain was denied as the condition does not meet the criteria for an increased rating under VA regulations.

The Veteran's back disability is rated at 20 percent prior to November 27, 2020 and 40 percent since then. The Board found no evidence of ankylosis or additional neurological findings warranting higher ratings. The issues remanded include service connection for psychiatric disabilities and TDIU.