Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings for his service-connected lumbar spine condition, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy are being remanded due to the need for additional examinations and medical opinions.

The Board has remanded the case for further development to clarify the Veteran's employment history and assess his ability to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's TDIU claim is denied as moot due to the assignment of a 100% combined schedular rating for all service-connected disabilities since December 26, 2007.

The Board has denied service connection for a lumbar spine disorder and remanded the issue of service connection for bilateral foot disorders due to insufficient evidence in the record.

The Veteran's lumbar and cervical spine disabilities are considered service-connected as they were incurred in service.

The Board denied service connection for low back, right and left lower extremity radiculopathy, and right and left knee disabilities. The evidence did not show these conditions were present in service or within one year of separation.,The Board also found that the Veteran's current psoriatic arthritis, psychiatric disorders, liver disability, and circulatory disorder are not related to his service-connected ankle disabilities.

The Board denied service connection for a low back disorder and TDIU rating as the evidence did not support that the Veteran's current disability was caused by or aggravated by his service-connected foot disability.

The Board denied service connection for residuals of a traumatic brain injury, chronic sinusitis, and low back disorder. Service connection was also denied for an initial compensable rating for pseudofolliculitis barbae.

The Veteran's lumbar strain disability is currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran's radiculitis of the right lower extremity is currently rated at 10 percent. The current evidence does not support a higher rating as his condition is characterized as mild.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right and left elbow disabilities, thoracic and lumbar spine disabilities, right knee disability (other than Osgood-Schlatter's disease), left knee disability (other than Osgood-Schlatter's disease), and compensation under 38 C.F.R. § 3.317 for an undiagnosed illness or medically unexplained chronic multisymptom illness.

The Board dismissed the Veteran's appeals for a higher rating for lumbosacral strain with degenerative arthritis and for service connection for vertigo, to include as secondary to peripheral vestibular disorder due to the Veteran's request for withdrawal of all issues on appeal.

The Board has remanded the Veteran's claims for radiculopathy of the right and left lower extremities associated with a lumbosacral strain due to insufficient evidence regarding whether his service-connected condition is manifested by muscle spasms, stiffness, locking, or tightening in his hands.

The Veteran's service-connected disabilities, including lumbar spine spondylolisthesis with degenerative disc disease, left knee strain, and right knee strain, rendered him unable to secure or follow substantially gainful employment as of June 19, 2010. The Board granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board finds that there may be outstanding medical records from Fort Dix that could substantiate his claims.,The Veteran's hypertension claim is secondary to his acquired psychiatric disorder, as evidenced by recent medical literature. Further development is needed to determine if this relationship exists.,The Veteran has been diagnosed with PTSD and other mental health conditions related to service. The Board finds a reasonable possibility of substantiating the claim for an acquired psychiatric disorder due to in-service stressors.,The Veteran's low back and cervical spine disorders are likely related to his military service, as evidenced by documented symptoms during service. VA examinations are needed to determine the nature and etiology of these conditions.,The Veteran has a history of acne on his face while in service. A VA examination is needed to assess whether his current pseudofolliculitis barbae condition may be related to his military service.,

The Board has determined that the Veteran's current back disability is service-connected, as it had its onset during his period of active service and is related to his military service.

The Veteran's claim for higher disability ratings for his lumbar spine condition is remanded due to insufficient compliance with the Board's previous remand directives and need for additional medical opinions regarding flare-ups and radiculopathy.

The Board denied a rating in excess of 20 percent for the Veteran's degenerative arthritis of the spine, finding that her symptoms did not warrant such an increase.

The Veteran's right lower extremity radiculopathy/peroneal neuropathy is not service-connected, as the evidence does not establish a link to his military service or any service-connected condition.,For the period from January 1, 2014 and continuing thereafter, the Veteran’s left shoulder tendonitis and impingement syndrome do not meet the criteria for a rating in excess of 20 percent.

The Veteran's left and right knee disabilities have been granted increased ratings of 10 percent each. The low back disability has also been granted an increased rating to 40 percent.

The Board has denied service connection for a bilateral leg disorder, a lumbar spine disorder, and a psychiatric disorder as secondary to the Veteran's service-connected right ankle disability.,There is no evidence showing that any of these conditions are directly related to military service or aggravated by a service-connected condition.