Back / lumbar spine decisions — 2021

The Board denied service connection for a low back disability, finding that the Veteran's current condition did not manifest during service or within one year of separation and is not attributable to service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his inability to work is primarily due to non-service-connected conditions including colon cancer and related neuropathies in both legs.

The Veteran's claim for higher ratings for his chronic lumbosacral strain disability and PTSD with MDD and persistent depressive disorder is being remanded due to the need for additional development.

The Board granted a 20 percent rating for degenerative joint disease of the thoracolumbar spine prior to November 1, 2010 and denied any higher ratings. The Veteran's left shoulder, right knee instability, and left knee instability were also rated at 20 percent.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbar spine disability is related to his service. The examiner must provide an opinion on whether it is at least as likely as not that the disability was caused by or related to his active duty service, including wearing heavy combat equipment and carrying artillery.

The Veteran's service-connected disabilities, including his low back disability and right knee degenerative joint disease, have significantly impaired him from obtaining and maintaining any form of gainful employment consistent with his prior education and experience. The Board has determined that a TDIU is warranted for the period from November 23, 2004 to March 6, 2008.

The Board has found that a remand is required to ensure VA has met its duty to assist in obtaining all relevant records and to provide the Veteran with appropriate examinations.

The Board has remanded the cases due to insufficient evidence regarding whether service connection should be granted for pre-existing lumbar spine disorder, right hip disorder, and left hip disorder. The VA examiner is requested to provide addendum opinions on whether these conditions are caused or aggravated by service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a back disorder. The case is now remanded for further development, including an examination to determine the etiology of the condition.

The Board has determined that additional examinations are needed to assess the severity of the Veteran's lumbar spine disability and left lower extremity radiculopathy, as the previous VA examination did not comply with the requirements set forth in Correia v. McDonald.

The Board has determined that service connection is warranted for degenerative disc disease of the lumbar spine and cervical spine, as these conditions are secondary to the Veteran's service-connected bilateral knee disabilities.

The Veteran's low back disability was reduced from 60 percent to 10 percent effective September 1, 2016. The reduction resulted in a decreased combined disability rating.,From September 1, 2016 to December 5, 2018, the Veteran's low back disability more closely approximated a combined range of motion of the thoracolumbar spine less than 120 degrees.,From December 6, 2018, the Veteran's low back disability more closely approximated favorable ankylosis of the thoracolumbar spine. The left lower extremity radiculopathy affecting the sciatic nerve has been rated as moderate incomplete paralysis.,The Veteran's left lower extremity radiculopathy affecting the femoral nerve from April 26, 2018 was granted a separate 20 percent rating.,Prior to March 12, 2015, the Veteran's service-connected disabilities precluded him from obtaining or maintaining gainful employment. The TDIU claim is pending.,The Veteran's left lower extremity radiculopathy affecting the sciatic nerve was reduced from 40 percent to 20 percent effective September 1, 2016.

The Veteran's tinnitus is granted as service-connected. The Board finds that the evidence is in equipoise as to whether the Veteran's other claimed conditions are related to his military service.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including TBI, neck disability, back disability, Parkinson's Disease, and an acquired psychiatric disorder. The claims are being remanded to allow for further examination and opinion regarding the etiology of these conditions.

The Board has determined that new evidence received since the final decisions of February 2002 and February 2012 warrants reconsideration of the Veteran's claims for service connection. The cases are being remanded to allow for further examination and opinion regarding the nature and etiology of any current disabilities.

The Veteran's acquired psychiatric disability, including PTSD and major depressive disorder with insomnia, is granted.,Service connection for a lumbar spine disability is granted. Service connection for lower extremity radiculopathy (right foot numbness) is also granted.

The Board denied the Veteran's claims for service connection for back and right hip disabilities, finding that they are less likely than not related to his service-connected conditions.,The evidence did not show a direct link between the Veteran's in-service injuries and his current disabilities.

The Veteran's lumbar stenosis with degenerative arthritis is rated at 40 percent from January 29, 2010 and granted a higher initial rating of 40 percent. The Veteran also received an increased disability rating for his sciatic nerve impairment of the right lower extremity (RLE) to 20 percent.

The Veteran's right knee disability and lumbar spine disorder are being remanded for further examination and opinion to determine the current severity of these conditions, as well as whether the right knee disability is aggravating the lumbar spine condition.

The Board has reopened the Veteran's claim for service connection of a back disability and denied the claim on the merits.