Back / lumbar spine decisions — 2021

The Board has remanded the claims for service connection due to a failure to obtain private treatment records, and will address these issues once VA receives the Veteran's completed forms.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that the Veteran's claimed disabilities of the right shoulder, neck, right hip, and back did not begin during service or are otherwise related to an in-service injury or disease.

The Veteran's service-connected lumbar, cervical, and right shoulder DJD, as well as lichen simplex chronicus, are being remanded for further evaluation due to increased symptom severity reported during his December 2020 hearing.

The Board has remanded the case for further development regarding service connection for a lumbar spine disability and the reduction of the rating for left (major) forearm post-traumatic median neuropathy. The Veteran's periods of active duty, ACDUTRA, and INACDUTRA need to be confirmed, and an addendum opinion is needed on the nature and etiology of any lumbar spine condition(s).

The Veteran's lumbar spine disability is currently diagnosed, and he claims it was caused by a slip and fall incident during service. The decision is remanded due to the lack of associated medical records from Kirk Army Hospital dated 1973.

The Veteran's initial disability rating for lumbar spine degenerative disc disease was granted at 20 percent, and the Board found that a higher rating is not warranted due to lack of evidence showing limitation of motion or ankylosis.

The Veteran's lumbar spine strain with mild degenerative changes is rated at a 20 percent prior to October 24, 2019 and at a 40 percent thereafter. The Board found the Veteran’s functional limitations during flare-ups more closely approximated the criteria for a 40 percent rating.

The Board has granted service connection for a back disability and right shoulder disability, but denied service connection for an acquired psychiatric disorder, hypertension, and sleep apnea. The claim for an acquired psychiatric disorder was reopened due to new evidence received since the last denial.

The Board has remanded the claims for service connection for left and right knee disorders, as well as left and right hip disorders, to include as secondary to service-connected groin strain. The matter will be returned to the VA examiner to address the Veteran's assertions of continuous knee and hip problems since service.

The Veteran's degenerative arthritis of the low back was found to be productive of disability equivalent to limitation of motion to 30 degrees or less, warranting a 40 percent rating.

The Veteran's service-connected low back disability and left wrist degenerative joint disease have rendered him unable to maintain substantial gainful employment since November 20, 2015. The Board has granted a total disability rating based on individual unemployability (TDIU) for this period.

The Board denied an extraschedular rating for degenerative arthritis of the lumbar spine, finding that the schedular ratings adequately account for the Veteran's symptoms and there is no evidence of marked interference with employment or frequent periods of hospitalization.

The Veteran's service-connected lumbosacral strain due to degenerative disc disease with bilateral radiculopathy required emergency treatment at a non-VA hospital on December 20, 2013. The Board found that the care was for an emergent condition and VA facilities were not feasibly available.

The Veteran is rendered unable to maintain substantially gainful employment as a result of service-connected disabilities from April 12, 2012 to June 28, 2018.

The Board has ordered a new VA examination to address the Veteran's lay statements regarding in-service injuries and their potential impact on his current low back condition.

The Veteran's claims for increased ratings for left and right patellofemoral pain syndrome, as well as degenerative disc disease of the lumbar spine, are being remanded due to the need for additional development including an addendum opinion addressing functional impacts during flare-ups.

The Veteran's lumbosacral strain is rated at 50 percent effective June 14, 2012. The Board also granted TDIU effective June 14, 2012.

The Board has granted service connection for right knee arthritis, lumbar degenerative arthritis, and unspecified depressive disorder. The lumbar disability is also secondary to the right knee disability.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination.