Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings for ankylosing spondylitis with low back pain and right hip arthritis have been remanded due to the need for additional development.,The Veteran’s costochondritis claim has also been remanded.

The Board denied a rating in excess of 40 percent for the Veteran's recurrent low back condition with lumbar disc disease, status post discectomy with scar. The evidence did not establish unfavorable ankylosis or functional equivalent thereof.

The Veteran's claims for service connection of various conditions have been denied. The lumbar spine disability has been granted a rating prior to September 14, 2020 and denied thereafter.

The Board denied an initial evaluation in excess of 10 percent from February 24, 2010, to July 22, 2013, and a rating in excess of 20 percent from February 24, 2010, to November 7, 2020, for lumbar strain with lumbar IVDS and erectile dysfunction. The Veteran's muscle spasms and pain were severe enough to result in an abnormal gait during the first period, but there was no evidence of physician-prescribed bed rest required by VA regulations for a higher rating.

The Veteran's request to reopen the claims for service connection for a left knee disorder and a back disorder, both secondary to his right knee disability, is granted.,However, the Board has determined that additional development is needed as the opinions provided by VA examiners are inadequate.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and outstanding VA treatment records. The issues include back disability, cervical spine disability, bilateral ankle disability, bilateral hip disability, residuals of traumatic brain injury (TBI), disability manifested by impaired balance, fatigue, memory loss, bilateral hand disability (claimed as hand tremors), speech disability, and bilateral eye disability.

The Board has granted service connection for a chronic back disorder, hypertension as secondary to anxiety disorder, and atrial fibrillation as secondary to hypertension.,Service connection is granted for the Veteran's chronic back disorder, hypertension (as secondary to anxiety disorder), and atrial fibrillation (as secondary to hypertension).,The Board has determined that there is at least a 50% likelihood that the Veteran's current conditions are related to his service.

The Board has remanded the case due to incomplete information and examination, requiring further development including obtaining treatment records, employment history, and a VA examination for nonservice-connected disabilities.

The Board has remanded the claims of entitlement to service connection for back condition and cerebrovascular accident (CVA) due to insufficient medical opinions regarding their etiology. The Veteran is seeking service connection for these conditions on a direct basis, without relying on any presumptions or secondary theories.

Service connection for low back disorder (degenerative arthritis of the spine) is granted.,Service connection for left shoulder disorder, right shoulder disorder, and left knee disorder are denied.

A 30 percent rating for cervical spine strain with degenerative disc disease (DDD) from May 18, 2018 is granted.,A 20 percent rating for right upper extremity radiculopathy prior to November 8, 2019 and a 30 percent rating thereafter is granted.,A rating higher than 40 percent for skin sores from August 13, 2018 is denied.

The Veteran's service connection claim for obstructive sleep apnea is granted. The claims for residuals of a low back injury and right wrist injury are remanded.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's back disability and scoliosis, specifically whether these conditions are related to service.

The Board has remanded the Veteran's claims for service connection for a low back disability, cervical spine disability, and hypertension due to the lack of available service treatment records. The Veteran is to be afforded VA examinations to determine the nature and etiology of these conditions.

The Veteran's low back disability is rated at 20 percent from December 22, 2017. The Board denied service connection for a right hip disability and bilateral hearing loss and tinnitus due to insufficient evidence. The decision remains pending on these issues.

The Board has remanded the Veteran's claims for increased ratings for a left ankle disability and service connection for right knee and low back disabilities due to incomplete VA treatment records. The case will be returned to the Board after obtaining all relevant medical records.

The Board has remanded the Veteran's claims for service connection for left knee disability, low back condition, right ankle condition, and right hip condition as secondary to his service-connected right medial meniscus tear due to insufficient opinions regarding aggravation of these conditions by his service-connected right knee disability.

The Veteran's service-connected back disability and hepatitis C have rendered him unable to secure and follow a substantially gainful occupation, but the Board cannot award TDIU under § 4.16(b) in the first instance due to lack of schedular requirements. The case is REMANDED for an extraschedular determination as to whether he was entitled to a total disability rating based on individual unemployability.

The Board has determined that the Veteran does not have a bilateral hearing loss disability for VA purposes and has denied service connection for this condition. The remaining issues are remanded due to incomplete medical opinions.

The Board has remanded the case due to issues related to service connection for a back disability and entitlement to TDIU prior to January 21, 2021. The appeal is inextricably intertwined with other matters including severance of service connection for a psychiatric disorder.