Back / lumbar spine decisions — 2021

The Veteran's appeal is remanded for further development regarding service connection for osteoarthritis of the right hip and left hip.

The Veteran's low back disability is granted a 20 percent rating effective June 22, 2012. A higher rating for the period prior to July 17, 2017 is denied.

The Veteran's claim for an increased rating for degenerative arthritis of the lumbar spine was dismissed as the Veteran withdrew his request for a higher initial rating.,The Veteran's claim for a higher initial rating for PTSD with parasomnia is denied.

The Board dismissed the claim for service connection of lumbar spine disability due to a full grant of benefits. The Veteran's left hip disabilities were rated appropriately, and no higher ratings are warranted based on flexion or thigh impairment.

The Veteran's claim for service connection for diabetes mellitus was denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for tinnitus is denied as the preponderance of evidence does not support a finding that it began during active duty or is related to noise exposure.,Service connection for a neck disorder is denied as there is no evidence linking the condition to service, and the Veteran's current diagnosis is attributed to natural aging process rather than in-service injury.,Service connection for hypertension is denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for a right knee disorder is denied as there is no evidence showing it began during active duty or is related to noise exposure.,Service connection for left knee disability is granted with a 20% rating effective from November 14, 2016.,Service connection for lumbar spine disability is denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for radiculopathy of the left lower extremity is granted with a 10% rating effective from June 11, 2018.,Service connection for radiculopathy of the right lower extremity is denied as there is no evidence showing it began during active duty or is related to noise exposure.,Service connection for somatic symptom disorder with predominant pain is granted with a rating in excess of 70% effective from November 14, 2016.

The Veteran's lumbar spondylosis is currently rated at 20 percent, but the Board finds that this rating does not meet his claim for a higher rating.,His right ear hearing loss is currently rated as noncompensable (0 percent), and the Board has reopened his claim of service connection for left ear hearing loss based on new evidence. However, he does not have service-connected left ear hearing loss.

The Board has denied the Veteran's claims of service connection for a neck condition and a low back condition, finding that there is no evidence to support the contention that these conditions were incurred or aggravated by active duty.

The Board has remanded the case due to inadequate compliance with prior remand directives. The Veteran's lumbar spine disability is being remanded for an addendum VA examination to address service connection on a direct basis and secondary to his service-connected left leg disability.

The Board has decided to remand the cases for further development due to incomplete records. The Veteran's lung disorder and lumbar spine disability claims are still under review.

The Veteran's claims of service connection for back and right shoulder disabilities have been withdrawn. The Board has also remanded the claim for an initial increased rating in excess of 70 percent for persistent depressive disorder.

The Board has remanded the claims for service connection due to new evidence submitted by the Veteran, and requests that an addendum opinion be provided regarding the baseline level of disability prior to aggravation.

The Board has denied the Veteran's claims for service connection for a low back disorder and degenerative arthritis of the spine and spinal fusion, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board has remanded the claims for diabetes mellitus type II, chronic low back disorder, and malaria due to procedural issues and need for further development.

The Veteran's appeals for increased ratings for thoracolumbar strain prior to July 28, 2020, and from July 28, 2020, have been dismissed as the Veteran withdrew her appeals during a hearing before the Board of Veterans' Appeals.

The Board denied service connection for back, right hip, and left elbow disabilities due to a lack of evidence linking these conditions to service or any other compensable period.

The Board has decided to remand the Veteran's claim for a lumbar spine disability due to inadequate rationale in an August 2015 VA medical opinion and other deficiencies noted by the Court of Appeals for Veterans Claims (CAVC). The case is being returned to the Board for additional evidentiary development.

The Board has granted service connection for bilateral hearing loss and remanded the issue of service connection for a low back condition.

The Board has remanded the Veteran's claims for service connection for a back disorder and shoulder disorder due to inadequate VA examinations. The Veteran is seeking service connection for these conditions based on his in-service duties as a combat medic and licensed practical nurse.

The Veteran's GERD and thoracolumbar disorder claims are remanded for further development. The migraine headaches claim is also remanded, but the noncompensable rating from February 22, 2012 to October 2, 2019 remains on appeal.

The Board has remanded the Veteran's claims of service connection for a lumbar spine disability and an acquired psychiatric disorder, finding that additional medical opinions are needed to address whether these conditions were aggravated by his service-connected left ankle disability.