Back / lumbar spine decisions — 2021

The Veteran's father, S.M. Jr., does not qualify for additional compensation benefits as his income is sufficient to provide reasonable maintenance.

The Board has determined that the Veteran's thoracolumbar spine disability, including degenerative changes of the thoracic spine, lumbar spondylosis, and lumbar spine DDD, had its onset in service and has been continuous since separation. Therefore, service connection is granted.

The Board has decided to remand the case due to inadequacies in a previous VA medical opinion regarding the Veteran's low back condition. The examiner did not provide adequate rationale and failed to consider the Veteran's lay statements about his continuous pain and treatment history.

The Board has remanded the Veteran's claims for service connection for a back disability, left wrist disability, and left knee disability. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's lumbar strain disability is granted at a 20 percent evaluation from September 23, 2010 to February 27, 2020 and denied for evaluations in excess of that. The right lower extremity radiculopathy and left lower extremity radiculopathy are both denied initial evaluations in excess of 10 percent. The Veteran's limitation of flexion of the left knee is restored from a noncompensable to a 10 percent evaluation, but his limitation of extension of the left leg remains denied. The instability of the left knee is granted at a 20 percent evaluation beginning April 3, 2018.

The Board has denied service connection for a lumbar spine disability and sciatica of the bilateral lower extremities as secondary to a service-connected disability due to lack of evidence linking these conditions to active service.

The Board has decided to remand the Veteran's claims for left leg pain and right lower radiculopathy, as further development is needed to determine if these conditions are related to service-connected disabilities or pre-existing conditions.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since May 31, 2017. The Board has granted a TDIU from that date onward but has remanded the issue of whether he was unemployable prior to May 31, 2017 for further review.

The Board has decided to remand the Veteran's claims for low back disability and insomnia due to insufficient evidence, including a need for VA examinations.

The Board has determined that the Veteran's lumbar spine disability is related to his service, and thus grants service connection for this condition.

The Veteran's lumbar spine disability is rated at 20 percent from October 1, 2006, through October 28, 2009, and in excess of 20 percent since October 29, 2009.

The Board has remanded the case due to a need for a new VA examination to assess the Veteran's cervical spine disability, as the current rating criteria have changed. The issue of a higher rating for degenerative disc disease with cervical strain remains under review.

The Board has found that the VA examination conducted in January 2020 did not adequately address the Veteran's claims for an increased evaluation for his service-connected back disability. The claim is being remanded to allow for additional development, including obtaining any outstanding records and scheduling a new VA examination.

The Board has remanded several issues related to the Veteran's service connection claims, including for chemical poisoning, anxiety and PTSD, heart attack and a heart stent, hypertension, prostate cancer, low back injury with posttraumatic degenerative changes, left lower extremity radiculopathy, irritant dermatitis, gout in the right foot, and left shoulder acromioclavicular separation status post-operative. The Veteran is not service-connected for any of these conditions.

The Veteran's claim for increased ratings for lumbar spondylosis with degenerative arthritis was denied. Prior to December 7, 2020, the rating remained at 10 percent due to insufficient range of motion and lack of ankylosis or IVDS. From December 7, 2020, a 40 percent rating was granted but the claim for higher ratings remains denied as there is no evidence of unfavorable ankylosis.

The Veteran's increased rating claim for lumbosacral spine disorder with DDD is remanded due to the need for a VA examination to assess functional loss during flare-ups and repeated use.

The Veteran's initial claim for a higher rating for his cervical spine disability was denied as the evidence did not show that his condition met or approximated the criteria for a higher rating prior to July 6, 2011.,A remand was ordered due to insufficient evidence showing that the Veteran’s cervical spine disability warranted an increased rating from July 6, 2011 onwards.

The Board denied service connection for cervical and lumbar spine disabilities, finding that the Veteran's current conditions were not shown as chronic in service or within a presumptive period, and continuity of symptomatology was not established. The disabilities are considered to be attributable to intercurrent causes.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability for VA purposes.,The Veteran's claim for an increased rating for her lumbar spine disability is remanded due to the need for additional medical opinion regarding functional impairment and whether ankylosis exists.,The Veteran's claim for service connection for a skin disability is remanded as the examiner’s opinion was inadequate, requiring further consideration of the Veteran's lay statements.,The Veteran's claim for service connection for chronic fatigue is remanded due to the need for a more thoroughly reasoned opinion addressing whether her fatigue is caused by or aggravated by her service-connected conditions.

The Veteran's right knee disability was granted a 20 percent rating from April 11, 2014 to October 15, 2018. Her lumbar spine disability was also granted a 20 percent rating.