Back / lumbar spine decisions — 2021

The Veteran's service-connected lumbar spine disability, including history of IVDS, is rated at 20% prior to June 1, 2017; 10% from June 1, 2017 to December 20, 2020; and no higher. The Veteran's service-connected radiculopathy, right lower extremity, is also rated at 20% prior to June 1, 2017; 10% from June 1, 2017 to December 20, 2020; and no higher.,The Veteran's service-connected lumbar spine disability has been rated based on the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's radiculopathy, right lower extremity, has been rated under the Formula for Rating IVDS Based on Incapacitating Episodes.

The Veteran's claims for increased ratings for her cervical spine strain and sacroiliac (SI) joint and lumbar facet dysfunction are remanded due to the need for additional examinations that comply with the requirements of Correia v. McDonald.

The Board has denied service connection for right knee, left knee, and low back conditions due to a lack of evidence linking these conditions to active military service.,Service connection was also denied for gastritis, GERD, skin condition, and thyroid condition as there is no medical evidence showing they were incurred or aggravated by service.

The Board has granted the Veteran's claim of service connection for a lumbar spine disability, finding that her condition is at least as likely as not related to her active duty service.

The Veteran's lumbar strain and left knee conditions are rated, but her mental health disorders require further examination. The TDIU claim is also remanded.

The Board has remanded the claims for service connection for a back disability and sleep apnea due to insufficient evidence. The Veteran's lay statements and medical studies are considered, but further development is needed to verify his service in Southwest Asia.

The Veteran's varicose veins in the right lower extremity were not shown to have been manifested by persistent edema and stasis pigmentation or eczema, with or without intermittent ulceration prior to November 21, 2019. From that date, they were not shown to have been manifested by persistent edema and stasis pigmentation or eczema.,The Veteran's thoracolumbar degenerative joint disease was not shown to have been manifested by forward flexion of the thoracolumbar spine limited to 30 degrees or less; ankylosis; or incapacitating episodes of intervertebral disc syndrome having a total duration of at least six weeks during a 12-month period prior to November 21, 2019. From that date, they were not shown to have been manifested by ankylosis or incapacitating episodes of intervertebral disc syndrome having a total duration of at least six weeks during a 12-month period.

The Board has granted service connection for a skin disability, hypothyroidism, anemia, diabetes mellitus, and back disability. The Veteran's skin condition is considered to be related to his active service. His hypothyroidism, anemia, diabetes mellitus, and back disability are not found to be related to his military service.

The Veteran's claims for increased ratings for his thoracolumbar spine and right knee disabilities are being remanded due to the need for additional examinations.

The Board has remanded the case due to insufficient medical opinions regarding the onset of the Veteran's low back disability and its relation to service. The AOJ is instructed to obtain a new opinion from an examiner that addresses these issues.

The Veteran's lumbosacral strain and right ankle sprain have been granted service connection, while the claim for increased rating of sinusitis has been denied.

The Veteran's claims for increased ratings for osteoarthritis of the right thumb and traumatic arthritis lumbar spine were denied. The Board found that the Veteran’s conditions did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's in-service back complaints and his current low back disability.

The Board has granted service connection for bilateral hearing loss and denied service connection for lumbar spine disability. Bilateral hearing loss is considered a chronic disease under VA regulations, as evidenced by in-service records showing the Veteran had high frequency bilateral hearing loss prior to separation from active service. The Board found reasonable doubt regarding whether the current disability of lumbar spine disability was incurred during service due to flight deck duties and back pain noted in service treatment records.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, a bilateral knee disorder, a back disorder, and a traumatic brain injury (TBI) due to incomplete compliance with previous remand directives.,Specifically, the VA examinations did not consider the Veteran's documented complaints or diagnoses during the appeals period and relied on incorrect premises in reaching their medical opinions.

The Board has decided to remand the Veteran's claims for additional development due to the need for addendum medical opinions and range of motion measurements.

The Board has granted service connection for the Veteran's neck disability, but remanded the issues of service connection for his lumbar spine and left knee disabilities.

The Board has granted service connection for the Veteran's low back disability, but remanded his claims for right knee condition and rectum disorder due to additional development being needed.

The appeal seeking a higher rating for degenerative disc disease (DDD) of the thoracolumbar spine is dismissed.,A rating higher than 10 percent for limitation of extension of the left knee is denied.,A compensable rating for bilateral hearing loss is denied.,A rating higher than 10 percent for shrapnel wound scar of the upper left chest is denied.,A compensable rating for residual scars from right hip replacement and shrapnel wound scar is denied.

The Veteran's lumbar spine disability was granted a 40% evaluation beginning September 14, 2020. The right and left radiculopathy of the lower extremities were each granted a 10% evaluation from July 29, 2014 to October 18, 2017, and then denied thereafter.