Back / lumbar spine decisions — 2021

The Veteran's back disability is rated at 20 percent effective February 27, 2017. The claim for a higher rating was granted. The bilateral foot disability remains at 10 percent.

The Board has remanded the cases due to lack of substantial compliance with previous instructions and for obtaining additional medical records.

The Board has found that additional VA treatment records need to be reviewed and considered before a decision can be made on the Veteran's claim for an increased disability rating for lumbosacral sprain with mild diffuse degenerative disc changes. The case is being remanded so that this review can take place.

The Veteran's seizures are a symptom of his service-connected conversion disorder with mixed symptoms. Service connection for seizures as a separate ratable entity is denied.,Service connection for sleep apnea, cervical and lumbar spinal damage, to include as secondary to the service-connected TBI, is remanded.

The Veteran's claims for increased ratings of lumbosacral strain and degenerative arthritis of the spine, right knee patellofemoral syndrome, and left knee patellofemoral syndrome are being remanded due to incomplete records. Additional examinations may be necessary.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his claimed conditions. The claims are being returned for further development and consideration.

The Board has remanded the Veteran's claims for cervical spine disability, lumbar spine disability, left ankle disability, psychiatric disorder (claimed as major depressive disorder), and a rating in excess of 10 percent for right ankle disability due to incomplete examination reports and outstanding SSA records.

The Veteran's claim for a higher rating for his lumbar spine disability and left lower extremity radiculopathy (prior to December 23, 2020) was denied as the evidence did not support a rating in excess of 10 percent.

The Veteran's PTSD is rated at 100% since July 21, 2017. Service connection for HPV and sleep apnea are granted. The remaining issues (neck disability, low back disability, seizures of the left/right side of the body, right ankle disability, migraine headaches, and tremors) remain pending.

The Veteran's claim for an evaluation greater than 20 percent prior to January 5, 2015, and 40 percent thereafter for service-connected lumbosacral strain has been denied. The Board has also remanded the issue of entitlement to a total disability rating based on individual unemployability (TDIU).

The Board dismissed the appeal for a left knee disability.,The Veteran's claim of service connection for a low back disability was granted, with evidence indicating that his condition likely began during active duty and was aggravated by military service.

The Board denied the Veteran's claim for a rating in excess of 40 percent for his low back disability, finding that the evidence did not support a higher rating based on functional impairment or associated neurologic abnormalities. The current 40 percent rating adequately reflects the Veteran's symptoms and limitations.

The Board has remanded the issues of service connection for various conditions due to potential changes in the Veteran's character of discharge from his period of service. The appeal is not about a presumption, exposure basis, or new and material evidence.

The Board denied the Veteran's claims for service connection for a back disability and TDIU on an extraschedular basis prior to December 9, 2015. The evidence did not support a finding that the Veteran’s current back disability began during service or was related to any in-service injury.

The Veteran's claims for service connection for left lower extremity radiculopathy and a rating in excess of 20 percent for his lumbar spine disability were denied. The Board found that the evidence did not support these claims.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they did not render him unemployable at any point during the appeal period.

The Board denied service connection for a lumbar spine disability and bilateral shin splints, finding that the evidence did not establish a direct relationship to service or service-connected conditions.

The Veteran's service-connected disabilities, other than his PTSD, did not prevent him from securing or following a substantially gainful occupation. The Board denied the TDIU claim as the Veteran’s remaining service-connected disabilities do not result in an inability to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a fall at a VA examination, finding that there was no additional disability caused by the fall and thus not meeting the criteria for compensation.

The Veteran's claims for higher ratings for his service-connected lumbar spine, lower extremity radiculopathy, and PTSD are being remanded due to the need for additional examinations and development.