Back / lumbar spine decisions — 2021

The Veteran's claim for service connection for a back disability has been granted, and the issue of service connection for a neck disability is being remanded.,The Board found that new and material evidence had been submitted to reopen both claims but did not determine whether service connection should be granted.

The Board has remanded the claims for service connection for a back disorder, diabetes mellitus, hypertension, and vertigo due to new evidence received since July 2012. The Veteran's current conditions are being reviewed again as they may be related to his active service.

The Board has remanded the claims of service connection for right knee, neck, and back disorders due to insufficient evidence. The Veteran's private treatment records indicate current right knee symptoms but no specific diagnosis or opinion regarding etiology. The case is pending further examination.

The Board has remanded the cases due to errors in the previous decisions regarding service connection for arthritis of the low back and sciatica of the right lower extremity, both secondary to service-connected low back strain. The VA must obtain a medical opinion on whether the Veteran's arthritis is caused or aggravated by her service-connected low back strain.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective September 2020. The claim for higher ratings prior to that date and thereafter remains on appeal.

The Board has determined that the Veteran's current back disability, including chronic low back pain, is at least as likely as not related to his period of active service. As a result, service connection for this condition is granted.

A 20 percent rating is granted for lumbosacral strain with degenerative arthritis from December 11, 2017 to October 6, 2020.,A 40 percent rating is granted for limitation of extension of the right knee effective October 7, 2020.,A 20 percent rating is granted for residuals of a right ankle strain effective October 7, 2020.

The Board has remanded the Veteran's claims for service connection due to incomplete records and further development is needed.

The Board has remanded the Veteran's claims for right hip and lumbar DDD as they are not adequately addressed in the previous VA examinations.

The Veteran's service-connected disabilities, including lumbar spine degenerative disc disease and spondylosis, left ankle degenerative joint disease, tinnitus, tender scars, inter-trochanteric fracture of the right hip, radiculopathy involving sciatic nerve on the left, and right knee strain, have rendered him unable to secure or follow substantially gainful employment. The Board finds that his disabilities are sufficiently disabling to meet the criteria for TDIU.

The Board has dismissed the Veteran's claims of entitlement to increased ratings for left elbow epicondylitis and impairment of left forearm as due to left elbow epicondylitis, and remanded the issue of entitlement to an initial rating in excess of 10 percent for low back strain.

The Veteran's claims of service connection for various conditions have been reopened and are now granted. The Board found that the new evidence submitted since previous denials supports a finding that these conditions may be related to service or pre-existing psychiatric disabilities.

The Board has remanded the case due to an inadequate November 2018 VA examination for lumbar spine disability. A new examination is required to assess the current severity of the condition.

The Board has granted service connection for degenerative arthritis of the spine with bilateral lumbar radiculopathy, finding that the Veteran's current disability is related to an in-service back injury and resolving reasonable doubt in her favor.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine disability, including a lack of VA examination and service treatment records. The Veteran will need to provide additional medical evidence and undergo further evaluation.

The Board has remanded three issues: the initial rating for a low back disability, the initial rating for an inguinal hernia scar, and the issue of SMC based on loss of use of a creative organ. Additional development is needed in each case.

The Veteran's appeal for increased ratings for lumbosacral and thoracic strain, as well as right lower extremity radiculopathy, was denied. The rating for lumbosacral and thoracic strain from June 5, 2014 to November 18, 2019 is still at 20 percent. From November 19, 2019 onwards, the Veteran's condition has been rated at 40 percent.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to new evidence showing worsening of his service-connected low back disabilities and left knee chondromalacia with meniscal repair and residual scars. The VA will schedule the Veteran for examinations, obtain additional records, and provide a full review of the case.

The Board has remanded the claims of service connection for diabetes mellitus, type II and back condition due to additional development being necessary.,Service connection is denied for cervical condition, left knee condition, right knee condition, heavy metal poisoning due to Gulf War (including renal involvement), and back condition.

The Board has remanded several issues related to the Veteran's claims, including service connection for right ear hearing loss, left knee and right knee disabilities, cervical spine degenerative disc disease, hypertension, and TDIU. The reasons include the need for additional VA examinations and treatment records.