Back / lumbar spine decisions — 2021

The Veteran's claim for higher disability ratings for lumbar spine disability prior to May 20, 2015 and from May 20, 2015 was denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Veteran was granted a TDIU prior to January 12, 2010 due to his service-connected low back strain with degenerative joint and disc disease L4-S1 with herniated nucleus pulposus L4-L5 preventing him from securing or following substantially gainful employment.

The Board dismissed the appeals for service connection and other benefits due to the Veteran's death.

The Board denied the Veteran's claims for service connection for cervical spine, lumbar spine, and right hip disabilities. The decision concluded that there was no evidence linking these conditions to his military service.

Service connection for a left knee disability is granted.,Service connection for a right knee disability, to include as secondary to a service-connected disability, is denied.,Service connection for a low back disability, to include as secondary to a service-connected disability, is denied.,Service connection for tinnitus is granted.

The Board has granted the Veteran's claim for service connection for a low back disability as secondary to her service-connected bilateral knee disabilities, finding that there is equipoise of evidence regarding whether her current low back disability was aggravated by her service-connected knee disabilities.

The Veteran's claims for higher evaluations of his service-connected osteoarthritis of the left hip, associated with lumbar fusion L1, DDD and DJD, limitation of extension, and limitation of flexion have been denied. The evidence does not support a rating in excess of 10 percent.

The Board denied the Veteran's claim for service connection for his back condition, finding that it is not related to active duty or secondary to a service-connected condition.

The Board denied service connection for cervical spine and lumbar spine disorders, finding that the evidence did not support a link to service or a continuity of symptoms since service.

The Veteran's current sleep apnea is found to be etiologically related to, or aggravated by, his service-connected adjustment disorder. The Board grants the claim for service connection for obstructive sleep apnea as secondary to service-connected adjustment disorder.

The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and spondylolisthesis at L5-S1, is presumed to be related to service due to continuity of symptoms since service. The appeal for service connection is granted.

The Veteran's right knee, hip and lumbar spine disorders are granted as secondary to his service-connected right foot injury.,An increased rating of 20 percent for the Veteran’s right foot disorder is granted.

The Board has remanded the claims for service connection for a low back disorder and right leg numbness as secondary to a low back disorder due to potential issues with the nexus between the current conditions and service.

The Veteran's degenerative arthritis and IVDS of the thoracolumbar spine is currently rated at 10 percent, but the appeal for an increased rating has been denied.

The Board has determined that the VA examinations and opinions provided are inadequate for several of the issues on appeal. The claims must be remanded to obtain additional medical opinions addressing the etiology of the Veteran's disabilities, as well as any aggravation or secondary service connection.,The Board also notes that some of the issues have not been fully developed with respect to obtaining treatment records and other evidence.

The Board dismissed all reopened service connection claims for various conditions, including back pain, hip conditions, diabetes, and hypertension. The decision also dismissed the claim for an increased rating for persistent depressive disorder.

The Veteran's thoracic spine disability is rated at 20 percent, effective prior to September 23, 2020. The Board denied a higher rating for the thoracic spine disability and also denied a TDIU based on service-connected disabilities.

The Veteran's claims for increased ratings and TDIU were denied. His service-connected lumbar spine disability was rated at 20% from June 30, 2014 onwards, with a separate rating of 20% for LLE radiculopathy since March 6, 2018. The Veteran's combined ratings did not meet the threshold for TDIU under VA regulations.

The Veteran's claims for increased ratings and TDIU prior to January 6, 2015 are being remanded due to the need for additional evidence and examinations.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of a nexus between his honorable period of active duty service and his current low back disabilities. The Board noted that the Veteran's STRs only show complaints of muscle strain during service, which did not lead to chronic residuals.