Back / lumbar spine decisions — 2021

The Veteran's back disability is rated at 40 percent prior to February 6, 2015 and granted a rating of 40 percent thereafter. The Board finds that the Veteran’s back disability more nearly approximates the criteria for a 40 percent rating throughout the appeal period.

The Veteran's claims for a higher rating for his back disability and TDIU are remanded due to the need for additional VA examinations and consideration of new evidence.

The Board denied service connection for left knee condition, right knee condition, neck disorder, and low back disorder due to the lack of evidence showing that these conditions began during active service or are otherwise related to an in-service injury or disease.

The Board has dismissed the appeals for Right Thumb and Forefinger Disability, Right Toe Disability, and Sinusitis. The appeal for Tinnitus is granted. The appeal for Back Disability remains pending.

The Veteran's lumbosacral spondylosis without myelopathy was evaluated at a 20 percent rating, but the Board found that his condition did not meet or approximate the criteria for a higher evaluation due to lack of forward flexion of the thoracolumbar spine meeting the requirements for a higher rating.

The Veteran's appeal for service connection on multiple issues has been dismissed due to the withdrawal of her appeal by her authorized representative.

The case is remanded due to inadequate VA examination reports and the need for an addendum opinion regarding loss of motion due to pain. The TDIU issue may also be affected by the increased rating claim.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate examinations, including failure to account for flare-ups. The effective date of TDIU is also on appeal.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation since May 28, 1999. The appeal for an increased rating is dismissed as the Veteran has requested to withdraw his pending appeal.

The Veteran's lumbar spine disability is rated at 40 percent prior to September 12, 2020 and granted a 50 percent rating from that date forward. The decision does not address service connection theory or exposure basis.

The reduction of the disability rating for degenerative arthritis of the spine with lumbar spinal stenosis and IVDS from 40 percent to 20 percent was improper, and restoration of the 40 percent rating is warranted as of February 1, 2019. The claim for a higher rating remains on appeal.

The Board has remanded the claims for service connection for a low back disorder and diabetes mellitus, type II to include as secondary to a service-connected disability due to incomplete records. The Veteran's claim for alcoholism is no longer before the Board.

The Board has determined that further development is needed before the claims for increased ratings on appeal can be adjudicated. The Veteran's lumbar spine and cervical strain disabilities are being remanded for new VA examinations to assess their current severity.

The Board has decided to remand the case due to issues with obtaining a legible copy of a chiropractic treatment note and for further medical examination.

The Board has remanded the claims for a lumbar spine disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate examination and failure to address the Veteran's contentions of in-service back pain.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depressive disorder, was denied. The Board found that there is no credible supporting evidence of a personal assault during service.,A rating of 40 percent for degenerative disc disease of the lumbar spine with facet arthritis from August 21, 2015 to October 28, 2020 was granted.

The Veteran's Type II diabetes mellitus is granted as service connected. The Board remanded the issues of service connection for recurrent lumbosacral spine disability, recurrent right shoulder disability, and bilateral hearing loss due to lack of adequate medical evidence.

The Board denied service connection for fibromyalgia, a low back disability, left thigh disability, right thigh disability, left lower leg disability, right lower leg disability, and left ankle disability, all claimed as secondary to the Veteran's service-connected hallux valgus.,The Board also denied service connection for a right ankle disability, which was not explicitly addressed in the decision summary but is part of the issues listed.

The Board has granted service connection for hypertension, a back disability, and an acquired psychiatric disorder (PTSD). The rating for the residuals of broken nose is also granted.

The Board has remanded the case due to new evidence of worsening hearing loss, and a new VA examination is needed.