Back / lumbar spine decisions — 2021

The Board denied service connection for low back and right knee disabilities, finding that the conditions were not incurred or aggravated by service.

The Board has remanded the case due to inadequate VA examinations and a need for additional examination of the Veteran's lower back condition.

The Board has remanded the case due to insufficient medical evidence regarding the Veteran's back disability, specifically during flare-ups and after repeated use over time. The Veteran is also requested to provide any additional pertinent evidence.

The Veteran's service-connected disabilities, including degenerative disc disease, left knee osteoarthritis, right knee osteoarthritis, tinnitus, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity, have rendered him unable to secure or follow substantially gainful employment from March 7, 2016 to January 17, 2019.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and records.,Specifically, the Board is requesting that VA obtain relevant treatment records from various sources and schedule the Veteran for further examination.

The Board has remanded the Veteran's claims for service connection for back, left knee, and right knee disabilities due to inadequate examination in June 2018. The case must be remanded for a comprehensive VA examination and opinion addressing all theories of entitlement.

The Board denied the Veteran's claims for service connection of a back disability and TDIU due to lack of evidence linking his current condition to service or a service-connected disability.

The Veteran's TDIU claim is remanded for extraschedular consideration due to his service-connected disabilities.

The Veteran's claims for service connection for degenerative joint disease, lumbar spine and hypertension have been reopened due to the submission of new and material evidence. The claim for hernia, right side is denied as there is no medical evidence linking it to service or herbicide exposure.,Service connection has not been established for an acquired psychiatric disorder (to include PTSD) as the Veteran's claims are based on unsupported lay assertions without corroborating evidence.

The Board has determined that the Veteran's cervical and lumbar spinal disabilities are at least as likely as not related to an in-service motor vehicle accident, granting service connection for these conditions.

The Veteran's service-connected degenerative disc disease at L4 and L5 S1, along with chronic strain of the lumbar spine, is rated 20 percent disabling. The radiculopathy of both lower extremities remains rated 20 percent disabling.

The Veteran's appeal for a higher rating for her migraine headaches is denied.,The Veteran's appeals for increased ratings for her right and left knee degenerative arthritis, as well as her cervical strain are all remanded for further development.

The Board has remanded the claims for a bilateral eye disorder, gastric cancer (due to herbicide exposure), low back disorder, gastrointestinal disorder (Crohn’s disease), and hypertension due to incomplete development of evidence.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of a chronic disease in service and insufficient evidence to establish a nexus between his current condition and service. The Board also noted conflicting statements from the Veteran regarding when he first experienced pain.

The Veteran's low back disability is granted with a rating of 20 percent, effective December 11, 2019. The claims for RLE and LLE radiculopathy are also granted with respective ratings.

The Board denied service connection for a back disability and left foot disability, including residuals of a laceration with scar.,Service connection was not granted for the Veteran's claimed back disability or left foot disability. The Board found that there is no evidence linking these disabilities to service.

The Veteran's claim for an increased rating for his low back disability was denied.,An initial rating of 40 percent, but no higher, for RLE radiculopathy of the sciatic nerve is granted effective February 21, 2012.,An initial rating of 20 percent, but no higher, for RLE radiculopathy of the femoral nerve is granted effective December 27, 2011. The claim for a higher rating prior to this date was denied.

The Veteran's disabilities, including his cervical and thoracolumbar spine conditions and left elbow condition, do not meet the criteria for a finding of permanent and total disability for pension purposes.

The Board has granted service connection for a lumbar spine disability (arthritis) and remanded the issues of new and material evidence to reopen hiatal hernia claim and service connection for gastrointestinal disability (including GERD and umbilical hernia).

The Veteran's lumbar spine degenerative arthritis is rated at 40 percent, which meets the criteria for a disability rating of 40 percent.,The Veteran's right inguinal hernia repair residuals are not rated higher than 10 percent.