Back / lumbar spine decisions — 2021

The Veteran's claims for service connection are remanded due to the need for VA examinations to determine the etiology of his claimed conditions.

The Board denied service connection for a low back condition, left hip condition, and sleep apnea. The Veteran's esophageal reflux claim was not addressed as it does not fall under the scope of service connection.

The Board denied the Veteran's claims for service connection for arthritis of the bilateral hands and low back disability, finding no evidence to support these claims. The effective date for asbestosis was not changed.

The Veteran's service-connected disabilities do not meet the schedular criteria for consideration for TDIU prior to May 31, 2016.,From May 31, 2016, the preponderance of the evidence does not demonstrate that the Veteran’s service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection have been granted for lumbar and heart disabilities, bilateral hearing loss disability. The remaining claims were denied.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease (DDD) is being remanded due to the need for additional evidence and a new VA examination. The effective dates for the staged ratings are also under review.

The Board dismissed the Veteran's appeals for increased disability ratings in excess of 10 percent for tinnitus, right knee patellofemoral syndrome, left knee patellofemoral syndrome, and lumbar spine strain. The appeal for a compensable rating for left lower extremity radiculopathy was also dismissed as the Veteran withdrew his claims.

The Board has remanded the case due to conflicting opinions on whether the Veteran's low back disability is related to service or his right foot condition. The case will be reviewed with a focus on determining if there was an onset of the condition prior to October 2003 and if it is aggravated by his right foot.

The Veteran's claim for a higher initial disability rating in excess of 20 percent for lumbar spine degenerative arthritis with spinal stenosis, degenerative disc disease, and spondylosis was denied.,The Veteran's claim for a higher initial disability rating in excess of 20 percent prior to September 23, 2014, for left knee arthritis was denied.,The Veteran's claim for a higher initial disability rating in excess of 30 percent beginning November 1, 2015, for left knee arthritis status post total knee replacement was denied.,The Veteran's claim for TDIU prior to March 7, 2018, was not demonstrated and thus the claim must be denied.

The Veteran's claims for increased ratings for his left knee condition and lumbar degenerative disc disease have been denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's lumbar spine disability is rated at 20 percent prior to August 27, 2019. The Board has remanded the issues of rating in excess of 10 percent and 40 percent for DDD from that date.

The Board has determined that the VA examinations for the low back disability and lower extremity radiculopathy were insufficient, and remanded for further examination. The issues of service connection for lower extremity radiculopathy are inextricably intertwined with the issue of increased rating for a back disability.

The Board has decided to remand the claims of service connection for COPD, asthma, a disability manifested by high cholesterol, hypertension, and a back disability due to additional development being necessary.

The Board granted service connection for a low back disability and assigned a 10 percent rating. The Veteran's left knee and lower extremity stress fractures, right knee and lower extremity stress fractures, and right ankle sprain were each rated at the minimum compensable level (10%) due to painful motion.

The Veteran's service-connected disabilities, including lumbosacral strain, cubital tunnel syndrome, and other conditions, have prevented him from obtaining or following substantially gainful employment since August 1, 2009.

The Veteran's PTSD symptoms have not met the criteria for a higher rating. The thoracolumbar spine disability has been rated at 40 percent since February 4, 2020 and denied any higher ratings. The bilateral lower extremity radiculopathy has been granted initial 20 percent ratings.

The Board denied the Veteran's claims for service connection for a low back disability and an acquired psychiatric disorder, finding that there was no evidence of a nexus between these conditions and his military service.

The Veteran's cervical spine disability is rated at 30 percent, effective from the entire rating period on appeal. The right and left upper extremity radiculopathy are both rated below 20 percent for their respective periods. A TDIU rating was granted beginning August 29, 2015.

The Veteran's claims for service connection for TBI, a back disability, hearing loss, and tinnitus have been denied as there is no current diagnosis of these conditions.,Service connection cannot be established for the claimed disabilities due to lack of evidence linking them to service.

The Veteran's service-connected disabilities met the schedular criteria for a TDIU from December 10, 2020. The Board remanded the matter of entitlement to a TDIU prior to that date.