Back / lumbar spine decisions — 2021

The Board has denied service connection for cold injury residuals to the feet, finding that there is no evidence of such injuries during or after service.,The Board has also remanded the issues regarding a right hip condition and lumbar spine condition secondary to loss of use of both lower extremities, residuals of abdominal aneurysm repair surgery.

The Veteran's service-connected right knee, lumbar spine, and psychiatric disabilities prevented him from securing or following a substantially gainful occupation from April 18, 2007 to April 17, 2008.

The Board has remanded the Veteran's claims for a rating of 40 percent prior to December 1, 2016 for his lumbar spine degenerative disc disease and arthritis and severe spinal stenosis, as well as his claim for TDIU prior to May 6, 2008. The Board found that the outcome of these claims may affect each other.

The Board has granted the Veteran's petitions to reopen his previously denied claims for service connection for bilateral knee disability, low back disability, and bilateral ankle disability.

The Board has remanded the Veteran's claims for headaches and lumbar spine disabilities due to inadequate medical opinions, incomplete Reserve service records, and need for additional VA examinations.

The Veteran's claim for higher ratings for her service-connected chronic lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including a new VA examination.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. Service connection for diabetes mellitus was denied.

The Veteran's degenerative arthritis of the thoracolumbar spine was denied service connection as it did not manifest in service and is not attributable to service.,Service connection for meniscal tear, osteoarthritis, and chondromalacia of the right knee was denied. The preponderance of evidence does not support a finding that this condition manifested during or within one year after service and is not related to service.,The Veteran's meniscal tear and osteoarthritis of the left knee were also denied as there is no evidence showing they manifested in service.

The Board has remanded the Veteran's claims for increased evaluations for his lumbar spine disability and left lower extremity radiculopathy due to inconsistencies in prior examinations and a need for additional development.

The Veteran's claim for service connection for a thyroid disorder is denied as the evidence does not show that his current diagnosis of hypothyroidism began during service or is otherwise related to an in-service injury, event, or disease.,The Veteran's claims for increased ratings for his low back and left shoulder conditions are also denied. The preponderance of the evidence shows no more than a 10 percent disability rating prior to January 15, 2020, and a 20 percent disability rating thereafter.

The Board dismissed the appeal of several service connection claims due to the appellant's death.

The Veteran's claim for increased ratings for his low back disability was denied. He is currently rated at 20 percent, the maximum rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability is denied as he does not have ankylosis of the spine or symptoms comparable to unfavorable ankylosis.,The Veteran's initial claims for higher ratings for his left and right lower extremity radiculopathy are denied as they do not meet the criteria for a rating higher than 40 percent prior to July 1, 2014 and thereafter, and 10 percent prior to November 1, 2019 and thereafter.,The Veteran's initial claim for a higher rating for his right lower extremity radiculopathy is denied as it does not meet the criteria for a rating higher than 40 percent from November 1, 2019 onward.

The Veteran's service-connected disabilities, including unspecified depressive disorder, atypical headaches with features of migraines, chronic lumbar strain with degenerative disc disease, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted his claim for a total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claims for service connection for various conditions, including dermatophytosis of the head and face with pseudofolliculitis, chronic arthritis (lumbar spine), left lower extremity radiculopathy, right lower extremity radiculopathy, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Board found no new evidence to reopen the claims for dermatophytosis of the head and face with pseudofolliculitis or chronic arthritis (other than lumbar spine), and denied service connection for radiculopathy.

The Board has remanded the Veteran's claims for fibromyalgia, vertigo, obstructive sleep apnea, ovarian cysts, lymphadenopathy, and lumbar spine disorder with radiculopathy due to outstanding VA and private medical records. The Veteran is also being asked to undergo a new VA examination to determine the etiology of her right knee disability and for opinions on whether any service-connected disabilities have aggravated or caused her lumbar spine disorder.

The Veteran's appeal for service connection of right knee, right hip, and lumbar spine disabilities has been dismissed due to the death of the Veteran.

The Veteran's petition to reopen his claim for service connection for a back disability is granted. The appeal is allowed in this respect, but the case is remanded due to the need for additional development of evidence.

The Board has remanded the Veteran's claims for additional examinations and to obtain outstanding treatment records. The issues include service connection for flat feet, residuals of left inguinal hernia repair, residuals of right inguinal hernia repair, great toe disabilities, PTSD, lumbar strain, hypertension, and hiatal hernia with reflux.

The Board has determined that the remand directives have not been substantially complied with and the matter is being returned to the RO for further development.