Back / lumbar spine decisions — 2021

The Veteran's bilateral hearing loss is rated non-compensable, left and right lower extremity varicose veins are each rated at 10 percent, and the lumbar spine disability is rated at 20 percent. The case is remanded for further development.

The Board denied the Veteran's claims for service connection for lumbar spine disability and left knee disability, as well as her request for a 70% rating for PTSD. The appeal for TDIU prior to September 17, 2019 was granted.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for left leg axonal neuropathy with atrophy and low back pain due to VA treatment, finding that there was no evidence of additional disability or a nexus between the surgery and the current conditions.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU effective from March 12, 2009.

The Veteran's service-connected degenerative arthritis and degenerative disc disease of the lumbar spine, sciatica of the right lower extremity, and sciatica of the left lower extremity are all rated at 20 percent. The Board finds that these ratings are appropriate as there is no evidence of incapacitating episodes or ankylosis.

The Board has remanded the claims for service connection due to new and material evidence having been received, but additional development is needed. The low back claim remains on hold as there are issues with obtaining relevant records and confirming a stressor.

The Veteran's appeals for increased ratings and service connection for chronic lumbosacral strain, right knee disability, and left knee disability have been denied. The Board found that the evidence did not support a higher rating for chronic lumbosacral strain.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and he is not unable to secure or maintain substantially gainful employment as a result of his service-connected disabilities.

The Veteran's claim for service connection for a neck disorder is reopened. The claims for anxiety and cervical spine disorders are also remanded.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it is at least as likely as not related to an in-service injury.

The Board has denied the Veteran's claim for a rating in excess of 40 percent for his low back disorder, finding that the evidence does not support such an increase. The case is now remanded to obtain additional VA examination reports and determine if higher staged ratings are warranted.,The right knee disorder remains under appeal with the need for a new VA examination compliant with Sharp v. Shulkin (2017) guidelines, as the Veteran reported flare-ups that require further assessment of functional loss during such periods. The case is also remanded to determine if higher staged ratings are warranted.,The TDIU claim remains inextricably intertwined with the right knee disorder appeal and thus must be addressed together. The case is therefore remanded for a new VA examination related to the right knee disorder, as well as for further adjudication of the TDIU claim.

The Board has remanded the cases due to incomplete records and for further examination. The Veteran's low back disability, bilateral hearing loss, and psychiatric disorder are all under review.

The Veteran withdrew his appeal due to satisfaction with the current rating for lumbosacral strain.

The Veteran's thoracolumbar spine strain was granted a 40% evaluation as of March 1, 2017. The initial evaluations for right lower extremity peripheral neuropathy and left lower extremity radiculopathy were also granted.

The claim for sleep apnea, including as secondary to PTSD, is denied. The claim for TDIU due to service-connected disabilities is also denied.

The Board has remanded the claims for a rating greater than 40 percent for a back disability on an extraschedular basis prior to April 21, 2003 and TDIU on an extraschedular basis prior to April 21, 2003. The decision is pending further development.

The Board has remanded the case due to incomplete medical opinion and lack of substantial compliance with previous remands. The Veteran's low back injury is being reviewed for service connection.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining substantially gainful employment since July 10, 2003. An earlier effective date of July 10, 2003 is granted for the total disability rating based on individual unemployability (TDIU).

The Veteran's claim for service connection has been reopened, and the Board has remanded his claims of service connection for a cervical spine disability, thoracolumbar spine disability, and bilateral hip disability due to a cervical spine disability.

The Veteran's appeals for an increased rating for lumbosacral strain and service connection for lumbar spine spondylosis and DDD have been dismissed. The appeal for radiculopathy of the right lower extremity is denied, while tinnitus has been granted.,Service connection for Parkinson’s disease and right carpal tunnel syndrome (CTS) are pending and need further evaluation.