Back / lumbar spine decisions — 2021

The Veteran's claim for an initial compensable rating for residuals of a TBI and earlier effective dates for service connection have been remanded due to the need for additional evidence.,The Veteran's claims for increased ratings for PTSD and cervical strain with degenerative disc disease are also being remanded.

The Veteran's lumbar spine disability was denied for evaluations in excess of the assigned ratings from March 1, 2013 to February 19, 2020 and from February 19, 2020.,The Veteran's radiculopathy of the right lower extremity was granted a 20 percent evaluation from December 26, 2018 to February 19, 2020 and denied for evaluations in excess of the assigned rating from February 19, 2020.,The Veteran's radiculopathy of the left lower extremity was granted a 20 percent evaluation from December 26, 2018 to February 19, 2020 and denied for evaluations in excess of the assigned rating from February 19, 2020.

The Board denied service connection for a lumbar spine condition and a left shoulder condition, finding that the Veteran's current conditions are not related to her service.,There is no credible evidence of continuity of symptoms since service.

The Veteran withdrew his claims for fibromyalgia, right carpal tunnel syndrome, left carpal tunnel syndrome, and nerve damage disability.,New evidence was received to reopen the claims of service connection for left knee disability and back disability. The claims are currently pending.

The Board has granted a 20 percent rating for the Veteran's lumbosacral spine disability effective December 9, 2013. Prior to this date, the Veteran was rated at 10 percent.

The Board denied the Veteran's claims for service connection for a chronic back disability, finding no current diagnosis of such condition and concluding that his reported pain does not rise to the level of impairment of earning capacity.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that it is not related to his in-service injury and does not meet the criteria for secondary service connection due to his service-connected left knee and hip disabilities.

The Veteran's initial rating for lumbosacral strain with degenerative arthritis and spinal stenosis was granted at 20 percent effective August 24, 2015. The Veteran's radiculopathy of the left lower extremity received a separate initial rating of 20 percent effective August 1, 2016.

The Board has ordered another examination to determine the etiology of the Veteran's back disability, address whether any current back disability pre-existed service and was not aggravated by active service beyond normal progression, and address whether any current back disability had its onset during service, within one year after service, or is otherwise the result of a disease or injury in service.

The Veteran's back disability is rated at 40 percent, effective December 13, 2016. The rating for his right lower extremity radiculopathy remains at 40 percent.

The Board has remanded the case due to insufficient evidence regarding the Veteran's income during the appeal period, specifically prior to March 7, 2017. The AOJ is instructed to obtain the Veteran's SSA earnings statements and request specific income information for his employment periods from April 17, 2011, forward.

The Board has denied a rating in excess of 40 percent for fibromyositis of the lumbar muscles and remanded other issues related to service connection. The Veteran's claim for separate evaluation for left lower extremity radiculopathy, as well as claims for service connection for peripheral neuropathy and DJD of the knees and hands are being remanded due to unclear evidence.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's lower back disability, including whether it was aggravated by service.

The Board denied service connection for various musculoskeletal conditions, stomach condition, hypothyroidism, and acquired psychiatric disorder. The Veteran's claims were remanded for further development.

The Board denied the Veteran's claim for service connection of a low back disability, finding that the evidence did not support a link between his current condition and his military service.

The Board denied the Veteran's applications to reopen his claims for service connection of a gastrointestinal disorder and a low back disorder, finding that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has remanded the Veteran's claims of service connection for lower back and neck disorders due to inadequate medical opinions, incomplete VA records, and uncompleted requests for private medical records.

The Board has denied a higher disability rating for the Veteran's lumbar spine disability and has remanded his claims of service connection for right hip, right shoulder, and left knee disabilities due to inadequate medical opinions.

The Veteran's claim for a higher rating for his back disability was denied as the evidence did not show that the condition met the criteria for a disability rating greater than 40 percent.,The Veteran's claim for a compensable rating for his scar was also denied, as there were no findings of instability or pain in the scar.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current back condition is related to his service. The VA examiner needs to provide a more detailed opinion on this matter.