Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings for his lumbar and cervical spine disabilities were denied as the evidence did not show that his conditions warranted a higher rating based on current medical examination findings.

The Board has remanded the claims for bilateral carpal tunnel syndrome, neck disorder, back disorder, left shoulder disorder, and left leg disorder due to new theories of causation introduced during a hearing. The case is being returned for further development.

The Board has remanded the Veteran's claims for left ear hearing loss, low back disability, acquired psychiatric disorder (including PTSD, GAD, and MDD), and sleep disorder due to inadequate medical opinions.

The Board has granted service connection for left knee arthritis, right knee arthritis, and lumbosacral spine arthritis. The claim of entitlement to service connection for asbestosis is remanded.

The Board has decided to remand the cases of service connection for residuals of frostbite on right and left fingers, as well as a low back disability. The Veteran's statements about in-service injuries are considered credible, and VA examinations are needed to determine if these conditions are related to his military service.

The Board has remanded the Veteran's claims for service connection for cervical and lumbar spine disabilities, as secondary to his service-connected left knee disability and ulcer disorder. The case is now back before the Board for further review.

The Veteran's service-connected lumbar spine condition, right lower extremity radiculopathy, and right ankle condition have prevented him from securing or following a substantially gainful occupation since February 15, 2018. A TDIU is granted effective that date.

The Veteran's lumbar radiculopathy (sciatic nerve) in the left lower extremity is rated at 10 percent prior to September 21, 2016 and at 40 percent thereafter. The Veteran's lumbar radiculopathy (femoral nerve) in both lower extremities are each rated at 30 percent from September 21, 2016.

The Veteran's service connection claims for left lower extremity sciatica, lumbar spine disability, and left knee disability were denied. The right ankle and left ankle disabilities received initial ratings of 20 percent each.

The Veteran's service-connected disabilities, including degenerative joint disease of the lumbar spine and associated lower extremity radiculopathy, do not meet the schedular requirements for a TDIU prior to May 31, 2016. The Board also found that there is no evidence of an extraschedular TDIU.

The Board has remanded the claims for diabetes mellitus, heart disorder, hypertension, cervical spine disorder, and lumbar spine disorder due to additional development being required.

The Veteran's appeals for service connection of low back and left knee disabilities have been dismissed. The Board has also remanded the issue of service connection for a left shoulder disability.

The Veteran's low back disorder was rated at 20 percent, and the Board found that it did not warrant a higher rating due to lack of flexion less than 30 degrees and no incapacitating episodes. The appeal is denied.

The Board has dismissed all service connection and increased rating claims due to the death of the appellant.

The claim to reopen the issue of service connection for a left leg disability is granted. The claims for service connection for OSA, right leg disability, eye disability, low back strain, cervical spine degenerative disc disease, right upper extremity radiculopathy, left upper extremity radiculopathy, erectile dysfunction (ED), prostate cancer residuals, and coronary artery disease are denied.

The Veteran's service-connected disabilities have worsened since the last evaluations, and a new VA examination is needed to assess their current severity.

The Veteran's service-connected major depressive disorder, right and left knee disabilities are rated based on their current manifestations. The Board has remanded the issues of secondary service connection for back disability and bilateral leg disability as well as evaluations in excess of 30 percent for major depressive disorder, 20 percent for each knee instability issue, and 10 percent for each knee limitation of motion issue.

The Board has remanded the claims for service connection for bilateral leg pain, claimed as fibromyalgia; lumbosacral spine disability; and bilateral lower extremity radiculopathy due to inadequate examination opinions.

The Board has granted service connection for sinusitis, tinnitus, and denied service connection for residuals of wisdom teeth extraction, a back disability, headaches, bilateral hearing loss, and COPD. The claims for service connection were reopened due to the submission of new and material evidence.

The Board has remanded the Veteran's claims for additional development due to deficiencies in the prior VA examinations and opinions. The issues include service connection for various knee, shoulder, hip, and ankle disabilities, all secondary to a service-connected left knee disability.