Back / lumbar spine decisions — 2021

The Board denied an earlier effective date for the award of TDIU due to service-connected disabilities, finding that no claim was received prior to September 11, 2012.

The Veteran's rating for sensory deficits of the right lower extremity associated with lumbosacral strain was reduced from 10 percent to 0 percent effective June 1, 2015. The Board has now restored the 10 percent rating.

The Board denied service connection for sleep apnea, headaches, cervical spine disability, lumbar spine disability, right upper extremity disability, right lower extremity disability, left lower extremity disability, right hip disability, left hip disability, and right knee disability. The Board found that these conditions did not have their onset in service or are not related to any service-connected disabilities.,The Veteran's post-operative scar resulting from removal of a sebaceous cyst resulted in several small surgical scars which were not deep, did not involve tissue loss, and were less than 39 sq. cm. in size.

The Board has remanded the cases for further development and examination to address whether the Veteran's low back, right hip, and right ankle disabilities are related to his service-connected right knee disability.

The Board denied the veteran's claim for service connection for lumbosacral-spine disorder, finding that there was no evidence of a nexus between the current condition and active duty or inactive duty training. The examiner concluded that the back disorder is less likely than not related to service.

The Veteran's appeals have been remanded for further evaluation of various service-connected conditions, including sleep apnea, mood disorder, and thoracolumbar degenerative disc disease. The effective date for the grant of service connection for diabetes mellitus type II is denied.

The Veteran's claim for an increased evaluation in excess of 20 percent for a thoracolumbar spine strain with scoliosis prior to December 18, 2019, and in excess of 40 percent thereafter was denied. The evidence did not meet the criteria for higher ratings at any time during the appeal period.

The Veteran's lumbar spine disability is rated at 40 percent from May 29, 2019. The request to reopen the claim of entitlement to service connection for a right knee injury (claimed as bilateral knee injury) is denied.

The Veteran's claim for a higher award of special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities separate from his left leg amputation with loss of use of the left hand was denied. The Board found that none of his other service-connected disabilities, independent of his left leg amputation, require the regular need for aid and assistance.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's lumbar spine degenerative disc disease and whether it is related to his service-connected right knee disability.

The Board has remanded several issues, including the rating for lumbar spine facet syndrome prior to August 22, 2013 and ratings for lower extremity radiculopathy beginning January 8, 2020. The entitlement to TDIU was granted but with a condition that it be remanded.

The Veteran's back and lower extremity radiculopathy disabilities are being remanded for further examination to determine their current severity.

The Veteran's claims for service connection for heartburn, low back disability, and bilateral hearing loss are being remanded due to insufficient evidence. The Board will provide additional opinions on these issues.

The Veteran's thoracolumbar spine degenerative arthritis is currently rated at 20 percent prior to December 17, 2020. The Board has remanded the case for further development.

The Board has determined that additional development is needed for the Veteran's claims of service connection for back and neck disorders, as well as acquired mental disorder (including PTSD) secondary to a back disorder. The claims are being remanded for further action.

The Veteran's claim for a higher rating for his service-connected lumbar spine disorder was denied. The RO assigned a 10 percent rating prior to November 15, 2019 and a 40 percent rating from that date onwards.

The Veteran's diagnosed lumbar degenerative disc disease and lumbar spondylosis are secondary to his service-connected bilateral elbow disability. The Board finds that the evidence is in equipoise as to whether the Veteran's claimed right arm, left arm, right knee, left knee, right shoulder, left shoulder, right hand, and left hand conditions are related to his service-connected bilateral elbow disability.

The Veteran's VR&E benefits were previously discontinued due to his dissatisfaction with the counseling services. The Board has ordered a new evaluation by a vocational rehabilitation counselor to determine if he is now eligible for VR&E and suitable for the proposed program.

The Board has denied service connection for a thoracolumbar spine disability and a psychiatric disorder, finding that the preponderance of evidence does not support these claims.

The Board has granted service connection for a chronic lumbar spine disability, finding that the Veteran's current condition is related to his military service and specifically noting the combat presumption.