Back / lumbar spine decisions — 2021

The Board denied a higher disability rating for the Veteran's service-connected degenerative arthritis of the lumbar spine, finding that it did not meet the criteria for a rating greater than 20 percent.

The Board has granted service connection for a lumbar spine disability, bilateral lower extremity radiculopathy, and a lumbar hernia as secondary to the Veteran's now service-connected lumbar spine disability.

The Veteran's migraines are found to have started during service and continue today, meeting the criteria for service connection.,While there is no direct evidence linking the lumbar spine disability to service, the Board finds that the Veteran's consistent reports of in-service injuries and symptoms since discharge meet the continuity of symptomatology requirement, granting service connection on a secondary basis.,The radiculopathy of the bilateral lower extremities is found to be related to the Veteran's service-connected lumbar spine disability.

The Board has remanded the case due to inadequate medical opinions and requests for additional development, including obtaining VA treatment records since September 2020.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his sleep apnea. The examiner is requested to provide an addendum opinion addressing these issues.

The Veteran's claims for service connection of various conditions have been remanded due to the need for additional medical examinations and opinions. The issues include chronic fatigue syndrome, fibromyalgia, irritable colon syndrome, GERD, small bundle fiber neuropathy, a low back disorder, sleep disorders, hypogammaglobulinemia, osteoporosis, rheumatoid arthritis, and an acquired psychiatric condition.

The Board dismissed the appeal because the appellant requested to withdraw it prior to a decision being made.

The Board has remanded the case due to inadequate reasoning in a previous opinion and issues regarding the significance of the Veteran's limp or altered gait. The Veteran is seeking service connection for his low back disability, which he claims was caused by his service-connected left lower extremity shell fragment wound residuals.

The Board has remanded the cases for further development due to outstanding private treatment records and VA treatment records from March 2020 onward.

The Veteran's claim for a disability rating in excess of 60 percent prior to August 1, 2019 for lumbar spine degenerative arthritis with lumbar spine strain was denied.,The reduction from 60 percent to 40 percent effective August 1, 2019 was upheld.,The Veteran's claim for a disability rating in excess of 40 percent from August 1, 2019 for the same condition was denied.,The Veteran's claim for a total disability evaluation based on individual unemployability and special monthly compensation by reason of being housebound or needing regular aid and attendance were also denied.

The Veteran's radiculopathy of the right thigh is rated at 10 percent, and his lumbar sprain with residual myofascial pain is rated at 20 percent. The Board denied a higher rating for both conditions.

The Veteran's degenerative arthritis of the lumbar spine with L5/S1 spondylolisthesis is currently rated at 20 percent, and the Board finds this rating to be appropriate based on his symptoms.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent from April 5, 2007 to July 26, 2009 and for a disability rating in excess of 20 percent for a lumbar spine disability from July 27, 2009 due to outstanding VA treatment records and the need for an adequate examination.

The Board has remanded the claim for service connection of a lumbar spine disability, as secondary to service-connected gouty arthritis and/or chip fracture residuals. The case is returned for further development.

The Veteran's PTSD has been granted an initial rating of 50 percent, effective June 19, 2015. The low back disability issue was remanded.

The Board denied the Veteran's claim for service connection for a low back condition, finding that there was no evidence showing that his current spinal abnormality began during or within one year of active duty and was not caused by any aspect of active duty.

The Board has granted service connection for a back disability and an initial 10% rating for cervical spondylosis with right upper extremity paresthesias.,However, the issue of an initial disability rating in excess of 10% for cervical spondylosis with right upper extremity paresthesias is being remanded.

The Veteran's fibromyalgia is rated at the maximum schedular rating of 40 percent, and a higher rating is denied.,The Veteran does not meet the auditory threshold criteria for right ear hearing loss for service connection purposes.,There is no evidence of chronic bronchitis during or within one year after service. Service connection for bronchitis is denied.,No in-service knee, shoulder, or back disability was found. Service connection for these disabilities is denied.,The Veteran's fibromyalgia is already service connected and does not preclude the granting of separate ratings for other joint conditions.

The Veteran's TDIU claim was granted starting from December 4, 2019, due to his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.

The Board denied an increased rating for the Veteran's cervical spine disability, but granted a 20 percent rating for his lumbosacral strain with degenerative disc disease as of July 18, 2019. The Veteran is currently rated at 20 percent for this condition.