Back / lumbar spine decisions — 2021

The Veteran's service-connected back disability, along with other disabilities, has rendered him unable to secure and follow substantially gainful employment prior to May 18, 2011.

The Veteran's PTSD is currently rated at 50 percent, but the evidence does not support a higher rating due to symptoms that do not meet the criteria for a 70 percent rating.,The Veteran's cervical spine disability with cervical strain is currently rated at 20 percent and does not warrant an increase in rating as his range of motion meets the current criteria for this rating level.,The Veteran's lumbar spine disability with lumbar strain is currently rated at 20 percent and does not warrant an increase in rating as his range of motion also meets the current criteria for this rating level.

The Board has decided to remand the case due to inadequate rationale in the previous opinions and needs further examination to determine if the Veteran's low back disability is caused or aggravated by his service-connected bilateral knee disabilities.

The Veteran's claims for an initial rating in excess of 20 percent for degenerative lumbar disc disease with spinal stenosis and entitlement to a total disability rating based on individual unemployability (TDIU) are being remanded due to procedural issues. The RO must address both claims and issue a supplemental statement of the case.

The Board has determined that the Veteran's tinnitus, left ear hearing loss, and other conditions are service-connected. However, several issues related to knee conditions, pulmonary embolism, deep vein thrombosis (DVT), phlebitis, bronchitis, undiagnosed illness, and fatigue have been remanded for further evaluation due to the need for additional medical examinations.

The Board dismissed all claims related to service connection and ratings for various conditions, including radiculopathy of the right lower extremity, degenerative disc disease and degenerative joint disease of the lumbar spine, osteoarthritis of the left knee, and degenerative arthritis of the right knee. The effective dates were also not granted.

The Veteran's claims for increased ratings for radiculopathy, sciatic nerve left lower extremity and right wrist sprain were denied. The claim for an initial disability rating in excess of 10 percent for lumbar spine degenerative disc disease with anterolistheses and spondylolysis was also denied.

The Board has remanded the case for further development due to insufficient nexus opinions regarding the Veteran's back disorder. The bilateral hearing loss claim is denied as there is no evidence of a current disability related to service.

The Veteran's spinal stenosis with degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome is rated at 40 percent effective June 18, 2019. The rating for radiculopathy of the right lower extremity remains denied.

The Veteran's appeal for service connection for a back disability, which was linked to his service-connected bilateral knee condition, has been dismissed due to the Veteran's death.

The Veteran's appeal is remanded for further development due to unresolved issues regarding service connection for various conditions.

The Board has withdrawn the issues of increased ratings for bilateral hearing loss and tinnitus. The claim for service connection for a low back disability is being remanded due to new evidence received in March 2021. Service connection for an acquired psychiatric disorder, including major depressive disorder with anxious distress, moderate-severe with psychotic features, anxiety, dysthymic disorder, and an adjustment disorder, has been granted. The issues of service connection for migraines, low back disability, and obstructive sleep apnea are being remanded.

The Veteran's appeals for increased ratings for his thoracolumbar spine and left shoulder disabilities were denied. The Board found that the current evaluations of 20 percent for each disability are not in excess of what is warranted based on the evidence.

The Board has determined that the VA examination reports are inadequate and remands the cases for further development.

The Veteran's lumbosacral spine strain is currently rated at 20 percent, which is the maximum rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that a higher rating is not warranted as there was no ankylosis or neurologic abnormalities.

The Board has dismissed the appeals as the Veteran died during the pendency of the appeal.

The Board denied an initial rating in excess of 20 percent for lumbosacral degenerative disc disease and denied a TDIU, finding that the Veteran's service-connected disabilities did not render him unemployable.

The Board has granted service connection for the Veteran's bilateral knee disabilities and lumbar spine disability, finding that the evidence supports a link between these conditions and service. The claim will be granted as the preponderance of the evidence is in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection for various disabilities due to outstanding VA treatment records and a need for additional examinations.

The Board has remanded the claims for further development due to inadequate medical opinions regarding the service connection of the low back disorder and acquired psychiatric disorder.