Back / lumbar spine decisions — 2021

The Board has determined that the Veteran's low back and left knee disabilities were not incurred or aggravated during active service, as there is no evidence of a chronic condition in service or continuity of symptomatology. The appellant's statements regarding symptoms since service are found to be less credible due to their inconsistency with service records.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain syndrome with degenerative joint disease (DJD) and intervertebral disc syndrome, lumbar spine is granted from April 27, 2015 to January 7, 2016.,A rating in excess of 20 percent for the service-connected back disability is denied prior to April 27, 2015 and from January 8, 2016 onwards.

The Veteran's lower back disability is rated at 40 percent prior to April 27, 2012. The Board found that the Veteran’s low back disability more nearly approximated forward flexion of 30 degrees due to functional limitations during flare-ups and denied a TDIU prior to March 23, 2012.

The Board restored the Veteran's 40 percent rating for post-lumbar laminectomy syndrome, effective October 1, 2014, finding that there was actual improvement in his ability to function under ordinary conditions of life and work.

The Board has remanded the claim for service connection of cervical radiculopathy, as secondary to a thoracolumbar spine disability due to additional evidence being added to the record.

The Board has decided to remand the cases for further development and consideration, including obtaining an etiology opinion on the Veteran's back disability and considering service connection for bilateral lower extremity sciatic pain.

The Board has determined that a remand is necessary to ensure proper development and consideration of the Veteran's claims for increased ratings for left knee strain, COPD, and service connection for a back disability. The previous examinations are inadequate and further examination is required.

The Veteran's low back disability is rated at 40 percent from September 2, 2008 to July 15, 2016. A TDIU is granted beginning February 2, 2013.

The Board has denied a higher initial rating for the lumbar spine DDD and remanded the issue of service connection for a bilateral hip disability, including as secondary to the service-connected lumbar spine DDD.

The Veteran's initial 70 percent disability rating for service-connected panic disorder without agoraphobia is granted. The Board has remanded the issues of service connection for gastrointestinal disorder, bilateral hearing loss, and low back disorder, as well as the TDIU claim.

The Board denied service connection for low back disorder, diabetes mellitus type II, and obstructive sleep apnea as secondary to the Veteran's service-connected right knee disability. The evidence did not support a finding of causation or aggravation.

The Veteran's right shoulder impingement syndrome with bicipital tendonitis and subacromial bursitis is rated at 20 percent effective July 7, 2004 until prior to April 13, 2010 and then effective November 1, 2010.,The Veteran's cervical degenerative disc disease with herniation at C5-C6 and C6-C7 levels with cervical myositis is rated at 20 percent since July 7, 2004. The claim for increased rating remains on appeal.,The Veteran's lumbosacral degenerative disc disease with bulging disc at L1-L2 level with lumbar myositis has not been service connected.

The Board denied an increased rating for the Veteran's service-connected low back strain, finding that his disability did not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.

The Board denied a TDIU based on the Veteran's service-connected disabilities, finding that they did not render him unemployable.

The Board has denied service connection for a back condition, neck condition, and bilateral knee condition as the evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has decided to remand the cases for further development and examination, including a new VA examination for lumbar spine disability and right knee disability. The TDIU issue is also being remanded.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's service-connected thoracolumbar spine disability prior to June 20, 2017.

The Veteran's service-connected conditions do not render him unable to obtain or maintain substantially gainful employment, as he has remained employed as a truck driver throughout the appeal period.

The Board has remanded the case due to inadequate opinions regarding the Veteran's upper back and cervical spine disabilities, as well as her lumbosacral strain with degenerative arthritis. The Veteran is requested to provide records of chiropractic treatment and physical therapy from 2014-2015, and a VA examination will be scheduled for her cervical spine or upper back disability.

The Board denied the Veteran's claims of service connection for bilateral leg condition and lumbar spine disability, finding that there was no current diagnosis or evidence linking these conditions to his military service.