Back / lumbar spine decisions — 2021

The Board has remanded the claims of service connection for various disabilities, including bilateral hearing loss, loss of sense of smell and taste, sleep disorder, left knee disability, lumbar spine disability, and left foot disability. The Veteran is to be afforded VA examinations to address the nature, extent, and etiology of these conditions.

The Veteran's lumbosacral strain with degenerative arthritis and degenerative disc disease is rated at 20 percent, which is the maximum rating available under the applicable diagnostic codes. The right knee patellar tendonitis is rated at 10 percent, while the left knee patellar tendonitis is also rated at 10 percent.

The Board denied service connection for a lumbar spine disability, left inguinal hernia, and psychiatric disorder. The Veteran's claim of service connection for a deviated nasal septum is remanded.,Service connection was not granted for the Veteran’s claimed conditions due to lack of evidence linking them to his military service.

The Board has remanded the Veteran's claims for sleep apnea and low back disability due to inadequate development. The issues are being remanded for further examination and opinion regarding the nature and etiology of these conditions, as well as their relationship to service-connected disabilities.

The Veteran's pinguecula is remanded for further examination to determine its likely cause.,The Veteran's left ankle disability, loss of sensation in the left and right hands, acquired psychiatric disability (anxiety and depressive disorder), left shoulder disability, lumbar spine disability are all remanded as they may be related to his service-connected back disability. The Veteran also has other issues that need examination including gastroesophageal reflux disease (GERD) and allergic rhinitis.,The Veteran's right knee degenerative arthritis based on limitation of flexion and extension is remanded for further examination.

The Board has remanded the case due to non-compliance with previous remand directives and additional development is required. The claim will be addressed again, including whether the Veteran's service-connected lumbar spine strain aggravated his other lumbar spine disabilities.

The Veteran's claims for service connection for right and left foot arthritis, as well as bilateral pes planus (flat feet/pes planus), were denied. The claim for increased ratings for bilateral pes planus prior to August 17, 2020, was also denied.,For the lumbar spine disability, an increased rating beyond 40 percent was not granted due to lack of evidence of unfavorable ankylosis.

The Veteran's degenerative disc disease, lumbar spine is currently rated at 20 percent and the Board finds that a higher rating is not warranted based on the evidence of record. The Veteran’s forward flexion was found to be up to 40 degrees with pain in the December 2019 VA examination.

The Veteran's lumbar spine disability is rated at 40 percent, effective October 30, 2019. The left lower extremity radiculopathy is rated at 10 percent. The TDIU claim is denied.

The Board has decided to remand the case due to inadequate prior examinations and a need for a new opinion from an orthopedist regarding the nature and etiology of the Veteran's back disorder.

The Veteran's lumbar spine disability and left lower extremity radiculopathy were evaluated. The lumbar spine disability was rated at 10% since November 1, 2009, and the left lower extremity radiculopathy was rated at 20% from November 1, 2015, through March 31, 2016, and 10% thereafter. The ratings were denied.

The Board has remanded the case for further development, including a retrospective VA examination to evaluate the Veteran's current disability levels and functional loss from 1979 to present. The issues include increased ratings for low back syndrome, postoperative reconstruction of the left knee, chondromalacia of the right knee, and limitation of extension of the right knee.

The Board has determined that the Veteran's back disability is related to her active duty service and granted her claim for service connection.

A 40 percent rating for lumbosacral strain is granted effective July 13, 2015.,Ratings in excess of 10 percent for right and left lower extremity radiculopathy are denied prior to June 20, 2019. A 20 percent rating is granted from June 20, 2019.

The Veteran's claims for increased ratings and service connection have been remanded by the Board.,The Veteran's cervical spine disability is currently rated at 30 percent, but a higher rating is denied.

The Board has determined that the Veteran's low back disability is causally related to his military service and grants service connection for lumbosacral degenerative disc disease.

The Veteran's osteoarthritis of the lumbar spine is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Board denied the Veteran's claims for service connection for left shoulder, low back, and neck conditions due to a lack of evidence linking these conditions to his military service.,There is no direct evidence showing that the current left shoulder, low back, or neck disabilities are related to the Veteran's active duty service.

The Veteran's initial claim for a higher rating for his lumbar spine disability was denied as the condition did not meet the criteria for a higher rating during the period from September 1, 2009 to January 2, 2019.

The Board has decided to remand the case due to a duty-to-assist error in previous examinations, and additional development is needed.