Back / lumbar spine decisions — 2021

The Board has decided to remand the cases of service connection for left knee condition and lower back condition due to missing service treatment records. The Veteran should be provided with VA examinations to assess his conditions.

The Board has remanded the Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine due to incomplete development and need for an addendum opinion.

The Board has remanded the claims for further development due to missing VA examinations and a need for retrospective opinions regarding the Veteran's right knee, lumbar spine disabilities, and their impact on his ability to perform activities of daily living.

The Board has remanded the Veteran's claims for additional development, including verifying her in-service stressor and obtaining relevant medical records. The issues of service connection for acquired psychiatric disability (major depression with anxious distress), low back disability, left arm disability, and bilateral ankle disability resulting in numbness are all pending.

The Veteran's post-concussive headaches were rated at 30 percent effective October 20, 2020. Prior to this date, the rating was noncompensable.,Service connection for a back disability is denied.

The Veteran's lumbar spine arthritis with intervertebral disc disease, status post spinal fusion L4, L5 is granted as secondary to his service-connected right knee disability. The left knee disability is remanded for further examination and opinion.

The Veteran's thoracolumbar spine disability has been granted an initial and increased rating of 20 percent from July 26, 2010 to April 5, 2012, and from July 1, 2012 to October 1, 2013.

The Veteran's claim for a higher disability rating for his lumbar spine disorder is remanded, and the TDIU issue remains pending as it is intertwined with the increased rating claim.

The Veteran's lumbosacral strain prior to October 29, 2020 did not warrant a higher rating than 20 percent. Beginning October 29, 2020, but no earlier, the Veteran is entitled to a 40 percent disability rating for his lumbosacral strain.

The Veteran's claims for increased ratings of her low back disability, bilateral lower extremity radiculopathy, and Hepatitis B residuals have been denied. The current ratings are considered appropriate.

The Veteran's appeals for increased ratings for allergic rhinitis and bilateral hearing loss have been dismissed due to the Veteran's withdrawal of his appeals.,The Veteran's appeals for initial compensable disability ratings for chondromalacia patella syndrome (right knee) and tendonitis (left shoulder), as well as an initial rating in excess of 30 percent for migraines, chronic sinusitis, and adjustment disorder with mixed anxiety and depressed mood have been remanded due to the need for updated medical evidence and examinations.

The Veteran's PTSD is found to be related to service, while his bilateral hip, left knee, cervical spine, and lumbar spine disabilities are not. The Board has remanded the issue of a left-hand disability.

The Veteran's claims for increased evaluations of her right knee osteoarthritis, left knee osteoarthritis, and lumbar spine disability are being remanded due to the failure to provide adequate VA examinations.

The Veteran's thoracolumbar spine disability was previously rated at 10 percent prior to August 26, 2019, and at 20 percent as of that date. The Board finds the evidence does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal for a higher initial rating for his service-connected lumbar spine degenerative arthritis with intervertebral disc syndrome (lumbar spine disability) has been withdrawn. The Board has also remanded the issue of an increased rating prior to November 7, 2011 due to insufficient evidence.

Service connection for degenerative arthritis of the lumbar spine is granted.,Service connection for left ankle disability (strain) is denied. The issue has been remanded.

The Veteran's lumbar spine disability 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 right and left knee chondromalacia, as well as his thoracolumbar spine disability (DDD and IVDS), are granted initial minimum compensable ratings for the period prior to April 14, 2017.,For the period from July 11, 2011 to April 13, 2017, the Veteran's left shoulder calcific tendonitis is granted a minimum compensable rating.

The Board has remanded the cases for additional development, including obtaining VistA images and scheduling a VA examination to determine the nature and etiology of any right foot pain and numbness.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from August 8, 2017 to December 26, 2017. The Board granted entitlement to TDIU during this period.