Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for service connection for a back disability and residuals of stroke due to insufficient evidence in the record, including unavailable STRs from his period of service in the U.S. Army.

The Veteran's low back disability, currently diagnosed as degenerative joint disease of the lumbar spine, is granted service connection on a presumptive basis. The remaining issues are remanded for further development.

The Board has decided to remand the Veteran's claims for service connection and TDIU due to new information uncovered during previous development. Specifically, additional records from his back surgery in August 2020 need to be obtained.

The Veteran's lumbar DDD with IVDS is currently rated at 40 percent from January 28, 2020. The case is remanded for further development and adjudication.

The Veteran's rating for asymmetrical disc space narrowing of the lumbar spine is denied as it does not meet the criteria for a higher than 20 percent rating.,The Veteran's ratings for right and left ankle disabilities are also denied as they do not meet the criteria for a higher than 20 percent rating.

The Board denied a rating in excess of 40 percent for the Veteran's low back disability, finding that his symptoms did not meet criteria for ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS). The Veteran was currently rated at 40 percent.

The Veteran's hypertension is granted as service connected due to herbicide exposure. The right knee and left knee disabilities are denied, with the Board finding no evidence of in-service injury or disease. The low back disability is also denied.

The Veteran's service-connected chronic lumbosacral strain with spasm is currently rated at 20 percent, and the appeal seeks a higher rating.,Separate ratings for left lower extremity sciatic nerve radiculopathy associated with chronic lumbosacral strain are granted at 10 percent effective August 3, 2017.,Right lower extremity sciatic nerve radiculopathy is rated at 20 percent from August 3, 2017.

The Veteran's right knee disability is granted as service connected. The issues of service connection for bilateral hearing loss, DJD of the lumbar spine, and a left knee disability are remanded.

The Board dismissed all appeals regarding the Veteran's claims for various conditions and ratings, as the Veteran died during the appeal process.

The Veteran's claim for an increased rating for lumbar spine disability and TDIU was denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the claims for bilateral hip disabilities, low back disability, and right knee disability due to insufficient medical evidence addressing the relationship between these conditions and service-connected feet disabilities.

The Board denied the Veteran's claim for service connection for diabetic peripheral neuropathy, bilateral lower extremities, as there is no current diagnosis of this condition and it is not related to his service-connected diabetes mellitus.

The Board has granted the Veteran's petition to reopen his claim for service connection for a lumbosacral spine disability. The issue of entitlement to service connection for obstructive sleep apnea is remanded due to inadequate medical opinions.

The Board has decided to remand the claims for low back disability, frostbite of bilateral hands, and frostbite of bilateral feet due to incomplete medical opinions based on the absence of treatment records without consideration of the Veteran's reports. The claims are being returned for additional development.

The Veteran's lumbar spine disability is rated at 40 percent effective July 30, 2012. A total disability rating based on individual unemployability (TDIU) is granted effective the same date.

The Veteran's claims for increased ratings are being remanded due to the need for additional VA examinations and consideration of the required testing criteria. The issues include his service-connected lumbar spine disability, bilateral lower extremity radiculopathies, and femoral radiculopathies.

The claims of service connection for low back disability, hearing loss disability, and sleep apnea have been denied. The Board found that the evidence did not establish a direct relationship between these conditions and service.

The Board has remanded the issues of entitlement to service connection for a thoracolumbar spine disability and a disorder of the right testicle, to include epididymitis, hydrocele, and pain due to inadequate explanations in previous VA medical opinions. The Veteran needs further examinations and opinions regarding these claims.

The Veteran's bilateral hearing loss claim has been denied as his disability does not meet the criteria for a compensable evaluation.,The left knee, right hip, left foot, and back disorder claims are remanded due to incomplete development.