Back / lumbar spine decisions — 2021

The Board has not fully addressed the Veteran's claim for increased ratings for his thoracolumbar spine disorder, as there have been issues with obtaining necessary medical opinions and imaging results. The case is being remanded to obtain these.

The Board has remanded the Veteran's claims for service connection and evaluation of his low back disability, left hip radiculopathy, urinary frequency, and acquired psychiatric disorder due to inconsistencies in medical records and examination reports. The claims are being returned for further development.

The Veteran's service-connected disabilities, including PTSD and degenerative arthritis of the lumbar spine, are considered to be at least in equipoise with his ability to secure or follow a substantially gainful occupation prior to February 11, 2016. Therefore, entitlement to TDIU on an extraschedular basis is granted.

The Veteran's left knee instability is now rated at 20 percent effective February 7, 2021. All other claims remain denied.

The Board has remanded the claims for service connection due to insufficient medical opinions addressing all segments of the thoracolumbar spine and whether any pre-existing conditions were aggravated by service.

The Veteran's appeal for a higher rating for his lumbar spine intervertebral disc syndrome was denied. He was granted a 20 percent rating prior to October 8, 2018, and a 40 percent rating on and after that date for left lower extremity sciatica.,A remand is ordered due to the Veteran's assertion regarding his unemployability.

The Veteran's lumbar and cervical spine disabilities have been granted increased ratings, with the lumbar disability receiving a 40% rating since April 24, 2013.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it is attributable to service.

The Veteran's respiratory disability, including asthma, is not service-connected.,None of the Veteran’s other disabilities are found to be secondary to a service-connected condition.

The Board has granted the Veteran's claims for effective dates of October 31, 2003 for a 20 percent rating for his service-connected lumbar spine disability and right leg sciatic neuropathy. The earlier effective date is based on the fact that it is not factually ascertainable that an increase in severity occurred during the appeal period.

The Veteran's appeal for payment or reimbursement of unauthorized expenses incurred at Sanpete Valley Hospital is denied because the treatment was not for an emergency medical condition.

The Veteran's tinnitus is granted as service connected. The Board has also remanded the issue of a disability rating for his lumbar strain due to potential worsening since the last examination.

The Board has remanded the cases due to incomplete service records and for further examination.

The Veteran's multiple nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating, as none of them individually or in combination are rated at least 40% disabling. The Board finds that he is not unemployable due to his conditions prior to June 15, 2018.

The Board has remanded the cases for further development and examination to determine if service connection can be established for back disability and right shoulder disability.

The Board has granted service connection for hypertension but has remanded the issue of service connection for a back disorder.

The Veteran's appeal is remanded for additional development regarding service connection claims and rating issues. Specifically, the Veteran needs a new VA examination to address his claimed back disability and sleep disorder, as well as an initial rating for his right elbow conditions.

The Board has determined that the Veteran's claimed back, left knee, and right hip disabilities are not related to service or a service-connected condition.

The Veteran's appeal for a higher rating for his plantar wart, left foot 4th metatarsal was denied as the evidence did not show symptoms more nearly approximating moderately severe other foot injuries.,The Board found no current diagnosis of a thoracolumbar spine condition and concluded that any back pain experienced by the Veteran was due to his hip condition (meralgia paresthetica). Therefore, service connection for a thoracolumbar spine condition was denied.

The Board has granted service connection for a low back disability, but denied service connection for a right ankle disability. The Board found that the Veteran's low back disability is at least as likely as not related to his military service and denied the claim of a right ankle disability due to lack of evidence showing it was incurred in or aggravated by service.