Back / lumbar spine decisions — 2021

The Veteran's appeal for higher initial ratings on several conditions was dismissed. The right arm furuncle received a 10% rating, and the obstructive sleep apnea remains at 50%. The Veteran’s TDIU claim is remanded.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there is no evidence of neck pain or injury during service and no chronic condition following service. The Board also denied an initial rating in excess of 40 percent for lumbar spine disability.,There was no exposure basis provided (e.g., burn pit, Agent Orange, Camp Lejeune, radiation, Gulf War).

The Veteran's claims for increased ratings were denied as his lumbar spine disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran withdrew her appeal, including the claims for service connection for sinusitis and reopening previously denied claims of service connection for a right ear hearing loss disability, a back disability, a right knee disability, and a left knee disability.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment from December 25, 2013 through September 7, 2017.

The Board has remanded the claims of a higher rating for low back disorder and TDIU due to service-connected disabilities. The case will be returned to the AOJ for further development, including obtaining VA examination results and completing the Veteran's VA Form 21-8940.

The Veteran's thoracolumbar osteoarthritis and degenerative disc disease rating is being remanded for further review of the evidence.

The Board has remanded the case due to deficiencies in the January 2021 VA examination, specifically regarding range of motion testing. The Veteran's lumbar spine disability needs further evaluation.

The Board denied service connection for a back disability, left leg disability, right leg disability, acquired psychiatric disorder, and peptic ulcer disease as the evidence did not show these conditions were incurred in or aggravated by military service.,The Board found that there was no continuity of symptomatology from active duty to current time.

The Board has remanded two issues: entitlement to a rating in excess of 20 percent for low back strain with degenerative disc disease and sciatica of the right lower extremity. The Veteran's appeal is also remanded due to new evidence being associated with his claim.

The Veteran's lumbosacral spine disability was granted a 20 percent rating prior to July 14, 2017. The right and left lower extremity radiculopathy were each granted a separate 10 percent rating.

The Board has granted the Veteran's petitions to reopen his previously denied claims for service connection for degenerative disc disease, left knee disability, right knee disability, bilateral pes planus, and an acquired psychiatric disability. The cases are remanded for further development.

The Board has remanded the case for further development due to inconsistencies in the Veteran's reports of flare-ups and functional impact during those flare-ups. The issues include left knee strain, lumbar spine strain with arthritis, and radiculopathy of the left lower extremity.

The Board has remanded several issues for further development and evaluation.,No new rating assigned as the maximum schedular ratings were not assigned for the entire period on appeal.

The Veteran's claim for service connection for an acquired psychiatric disorder was denied in September 2013 due to lack of corroborated stressors. The RO reopened the claim in February 2015 and again denied it, finding no new and material evidence. The Veteran's claim for a higher rating for his degenerative joint disease of the lumbosacral spine is remanded for further development.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to outstanding VA and private treatment records not being obtained.

The Board denied service connection for torticollis, claimed as secondary to a low back disability (spondylolisthesis L4-5 with degenerative disc disease), and denied entitlement to special monthly compensation based on the Veteran's need for aid and attendance.

The Veteran's initial claim for a higher rating for his lumbosacral spine disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to December 29, 2020 and 40 percent thereafter from December 29, 2020.

The Veteran's claim for an increased rating for his service-connected DJD of the lumbar spine was granted, and he is now rated at 60 percent effective from December 19, 2013.

The Board has decided to remand the case due to lack of substantial compliance with a previous remand directive. The Veteran's back disability is being reviewed again for service connection.