Back / lumbar spine decisions — 2021

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment from June 27, 2007 to May 14, 2008.

The Board has remanded the claims of service connection for a back disability and neck disability, as well as the claim for TDIU. The Veteran's representative argues that these issues should be considered in conjunction with other pending claims, but the Board finds that they are sufficiently distinct to warrant separate review.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back disability and has determined that service connection is warranted based on the presumption of soundness under the provisions for chronic diseases.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied as his hearing impairment does not meet the criteria for a higher rating.,The Veteran's claim for a rating in excess of 40 percent for a lumbar spine disability is denied because there is no evidence of unfavorable ankylosis or incapacitating episodes meeting the required duration.,The Veteran's claims for ratings in excess of 20 percent for radiculopathy of the right and left lower extremities are denied as they do not meet the criteria for a higher rating based on functional loss due to pain, guarding, muscle spasms, or other factors.

The Board has decided to remand the case due to the need for additional medical records and an updated opinion considering all relevant evidence, including lay testimony.

The Veteran's thoracic spine disability is not rated higher than 40 percent, and the lumbar spine disability is not rated higher than 10 percent.,The effective dates for TDIU and DEA benefits are denied as they were granted earlier in March 27, 2001.

The Veteran's lumbar spine disability is rated at 40 percent, effective March 7, 2005. The earlier effective date for service connection of sciatica of the left lower extremity associated with his lumbar spine disability is denied.

The Board has determined that the Veteran's low back disability, including degenerative changes of the lumbar spine, is related to service and granted service connection.

The Veteran's low back disability was granted an increased rating of 40 percent from March 19, 2001 to April 29, 2009. The appeal for a higher rating is denied for the period from April 30, 2009 to February 3, 2015 and TDIU prior to March 6, 2003.

The Board has remanded the claims for service connection due to inadequate medical opinions and inextricably intertwined issues. The Veteran's low back, bilateral leg, groin, migraine headaches, and dizzy spells, vertigo, and Meniere's syndrome claims are being reviewed.

The Veteran's lumbar spine degenerative disc disease and left knee arthroscopy claims were denied. However, a separate rating of 20 percent was granted for residuals of a torn meniscus of the left knee effective October 31, 2006.

The Board has remanded the claims for a lumbar spine disorder and gastrointestinal disorder due to potential errors in the prior examination opinions.,The Veteran's claim for an earlier effective date for TDIU is also pending, as it is intertwined with the other claims.

The Board has granted service connection for a back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The appeal regarding the Veteran's claims for left upper extremity neurological disorder and right upper extremity neurological disorder is remanded.

The Board denied a higher rating for the Veteran's lumbar spine disorder on an extraschedular basis, finding that the schedular criteria adequately described his disability level and symptomatology.

The Veteran's claim for an increased rating for his lumbar spine condition prior to September 9, 2014 was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine of 30 degrees or less, favorable/unfavorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes requiring bed rest prescribed by a doctor. For the period from December 1, 2014, to October 1, 2020, and in excess of 10 percent from October 1, 2020, for the lumbar spine condition is remanded.

The Veteran's service-connected PTSD, anxiety disorder, depression, cervical spine disorders, lumbar spine disorders, and peripheral neuropathy do not prevent him from securing or maintaining substantially gainful employment.

The Veteran's right ankle strain is rated at 10% and not entitled to a higher rating.,There is no evidence of a back disorder related to service, and the claim for service connection is denied.,Service connection has been granted for the right shoulder disorder, but it was not incurred in or caused by service.,The Veteran's right knee and left knee disorders are not considered to be related to service.,There is no evidence of a back disorder related to service.

The Board has decided to remand the case due to insufficient evidence and inadequate opinions in previous VA examinations. The Veteran's low back condition is being reviewed again for a proper determination of service connection.

The Board has granted service connection for the Veteran's thoracolumbar strain and degenerative disc disease of the spine, finding that his current low back disability is related to an in-service injury. The claim was denied initially but was later granted after additional development.

The Board denied service connection for a low back disability, finding that the Veteran's current disabilities are not related to his military service or any service-connected conditions.