Back / lumbar spine decisions — 2021

The Veteran's thoracolumbar strain is rated at 40 percent since August 12, 2004. Her cervical strain is also rated at 40 percent since the same date.

The Veteran's claim for increased ratings for his lumbar spine disability, right knee instability, and right knee chondromalacia with chronic synovitis was denied. The TDIU claim was also denied prior to April 9, 2014.

For the period prior to July 14, 2021, the Veteran's service-connected lumbar spine disability warranted a rating of 20 percent.,As of July 14, 2021, the Veteran's service-connected lumbar spine disability warranted a rating of 40 percent.

The case is being remanded due to incomplete compliance with the April 2021 remand directives, specifically obtaining updated VA treatment records and providing an addendum VA medical opinion regarding the Veteran's convalescence period for his lumbar surgery from May 2009 beyond October 31, 2009. The TDIU claim is also being remanded as it is inextricably intertwined with the evaluation of the low back.

The Board denied service connection for a lumbar spine disorder, left hip disorder, COPD, OSA, and bilateral hearing loss as the evidence did not show these conditions were incurred or aggravated by service.,Service records showed no complaints of back pain during service. The Veteran reported onset in 1984 while stationed at the Great Lakes Navy base after he slipped and fell on some ice.

The Veteran's service connection claims for cervical spine disorder, thoracolumbar spine disorder, obstructive sleep apnea, and COPD are being remanded due to incomplete personnel records that need to be obtained.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient medical opinions regarding the proximate cause of his additional disabilities and whether an unforeseeable event occurred during VA referral.

The Veteran's appeal is being remanded due to the need for additional development and examination, including obtaining SSA records and a VA male reproductive examination.

The Board has dismissed the Veteran's appeals for various conditions and issues due to improper docketing under the Appeals Modernization Act (AMA). The Veteran is advised that she may pursue her claims under the legacy system.

The Board has denied the Veteran's claims for service connection for various knee, hip, and back disabilities. The claim for left knee disability was dismissed due to withdrawal by the Veteran. Service connection is granted for thoracic scoliosis and low back strain.

The Veteran's claim for an initial evaluation higher than 20 percent for degenerative arthritis of the lumbar spine was denied, and his request for an earlier effective date for service connection for this condition was also denied.

The Veteran's claim for an effective date prior to April 28, 2017 for the grant of a 20 percent evaluation for thoracolumbar strain (back disability) is granted. The effective date is set at August 17, 2016.

The Veteran's disability rating for lumbosacral strain, IVDS, and degenerative arthritis was increased to 40 percent. The reduction in rating from 10 percent to noncompensable for left lower extremity radiculopathy effective August 26, 2019 is granted.

The Board has granted service connection for a low back disability, OSA, and DM. The Veteran's arthritis of the bilateral ankles and hips are also service connected.,Service connection was established based on aggravation of pre-existing conditions due to active service.

The Veteran's lumbosacral strain with arthritis and IVDS, bilateral lower extremity radiculopathy, and hepatitis C have been granted increased ratings of 20 percent each.

The Board denied service connection for lumbar spine spondylosis and right knee bone fragments, as well as the secondary claim of right knee bone fragments to myelodysplasia syndrome. The decision found that there was no evidence linking these conditions to active military service.

The Board has decided to remand the cases for further development due to duty-to-assist errors. The Veteran's back disability is being reviewed again, and a sleep apnea examination is also required.

The Veteran's claims for increased ratings and TDIU are remanded due to inadequate examination reports regarding the severity of his service-connected lumbar spine, cervical spine, and radiculopathy disabilities. The Veteran must be scheduled for new examinations.

The Board has decided to remand the case due to inadequate statement of reasons or bases for the decision and errors in reliance on a December 2017 VA examination.

The Veteran's service-connected disabilities, including a right leg disability, back disability, and nerve disability, have rendered him unable to secure or follow substantially gainful employment since October 30, 2009.