Back / lumbar spine decisions — 2021

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected degenerative arthritis of the lumbar spine. The claim for an initial compensable rating from December 12, 2014, through August 31, 2016 and in excess of 20 percent thereafter for degenerative arthritis of the lumbar spine is remanded.

The Board denied the Veteran's claims for higher ratings for his lumbar spine disability, finding that the reduction from 40 percent to 10 percent effective September 1, 2013 was proper and that he does not meet criteria for a rating higher than 40 percent prior to September 1, 2013 or a rating higher than 10 percent from that date.

The Board has remanded the issues of service connection for thoracolumbar spine, left knee, left hip, and cervical spine disabilities due to incomplete development and inadequate medical opinions.

The Veteran's appeal for higher ratings and service connection has been denied. The right arm disability, including the gunshot wound residuals, is not rated higher than 10 percent due to limited range of motion. A separate rating for carpal tunnel and ulnar nerve entrapment at the elbow is also remanded.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for degenerative facet and disc disease of the lumbar spine, as well as her claim for TDIU. The Veteran is required to undergo VA examinations to assess the severity of her service-connected lumbar spine disability and provide information regarding employment status.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and disc herniation, is not service-connected as it was not shown to be chronic in service or related to an injury during service. The evidence does not support a finding of continuity of symptomatology since service.

The Board has remanded the Veteran's claim of service connection for a back disability due to conflicting evidence and need for further examination. The appeal is pending until further action.

The Veteran's tinnitus is granted service connection. The Board has remanded the remaining issues for further development.

The Veteran's claim for a higher evaluation for his service-connected lumbar spine condition is denied as the evidence does not support an increased rating beyond 20 percent. The Board found that the Veteran’s forward flexion was limited to at most 40 degrees with pain, which did not meet the criteria for a higher rating.

The Board has remanded all of the Veteran's service connection claims due to an error in not considering medical evidence submitted by the Veteran during his appeal. The claims for acquired psychiatric disorder, low back disability, chronic fatigue syndrome, sleep apnea, and esophageal fungal infection are now pending.

The Board has remanded the Veteran's claims for additional development due to incomplete VA examination opinions and lack of consideration of certain evidence.

The Veteran's claims for increased initial ratings and separate compensable ratings were denied as the evidence did not support higher disability ratings based on service-connected conditions.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, from April 5, 2010.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current condition is related to her in-service injury during Operation Desert Storm.

The Veteran's lumbar spine degenerative joint disease was granted a 20% rating from November 17, 2016 to April 22, 2019. Prior to this date, the disability was rated at 10%. The decision is based on the VA examination findings and the Veteran's testimony.

The Veteran's claims for increased ratings and service connection have been remanded by the Board of Veterans' Appeals. The effective dates for his service-connected conditions remain March 31, 2016.

The Veteran's low back disability was rated at 20% prior to June 18, 2014 and from June 18, 2014 to January 31, 2020. Beginning January 31, 2020, the rating remained at 20%. The Veteran's disability did not meet criteria for a higher rating during any of these periods.

The Board has remanded the case due to an inadequate VA medical opinion regarding whether the Veteran's service-connected left big toe fracture residuals caused or aggravated his lower back disorder. The examiner was asked to provide opinions on causation and aggravation, but did not address the Veteran's lay statements about altered gait after the in-service injury.

The Veteran's initial rating for left ankle disability is remanded due to unclear examination results and the need for clarification of additional loss of ROM.,The Veteran's initial rating for low back disorder prior to February 9, 2021, and from that date forward is remanded due to conflicting examination reports and the need for clarification of additional loss of ROM.,Service connection for skin disorder is remanded due to lack of nexus opinion and need for clarification regarding exposure at Ft. McClellan, AL.,Service connection for left knee disorder is remanded due to lack of nexus opinion and need for examination.,Service connection for headaches is remanded due to lack of nexus opinion and need for examination.

The Veteran's back condition was granted increased ratings from February 11, 2010 to February 23, 2011 and again from February 24, 2011.,An earlier effective date of February 11, 2010 for the award of a total disability rating based upon individual unemployability (TDIU) was granted.