Back / lumbar spine decisions — 2021

The Veteran's appeal for restoration of the 40 percent rating assigned under Diagnostic Code 5261 for limitation of right knee extension, effective May 1, 2010, is granted. The appeals for service connection for degenerative arthritis of the thoracolumbar spine, left hip, right hip, left ankle, and right ankle are also granted.

The Board has remanded the Veteran's claims for increased rating for PTSD, service connection for lumbar and cervical spine disabilities, and sleep apnea. The RO is to obtain private treatment records and schedule VA examinations.

The Board denied service connection for residuals of a left hip dislocation, lumbar spine condition, and radiculopathy of the bilateral lower extremities due to lack of evidence showing these conditions began during service or were related to in-service injuries.

The Veteran's lumbar strain with osteoarthritis is granted a 20 percent evaluation, but no higher. The evaluations for left knee osteochondritis dissecans and right knee chondromalacia are denied.

The Veteran's low back disability was granted a 10 percent rating from August 17, 2010 to December 20, 2010. The appeal for higher ratings prior to November 2, 2016 is denied.

The Veteran's migraines, cervical spine degenerative changes, thoracolumbar spine degenerative arthritis, left shoulder strain, right elbow epicondylitis, right knee patellofemoral syndrome, left knee patellofemoral pain syndrome, and right ankle strain have been granted higher initial disability ratings. The Veteran also received a 20 percent disability rating for left ankle degenerative changes, residual from left fibula fracture.

The Veteran's left knee total replacement is rated at 60 percent, effective the date of this decision.,The Veteran meets the schedular eligibility for a TDIU as of the date of this decision and his service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbar spine disorder is caused or aggravated by service-connected conditions, including her bilateral knee disorder. Additional medical records are needed and a VA examination must be conducted.

The Board has determined that further development is necessary to properly adjudicate the Veteran's claims, including obtaining additional medical opinions regarding his back disability and knee disabilities. The case will be returned for these purposes.

The Veteran's claim for service connection for a back disorder is reopened, and the appeal is granted to this extent. The claims of secondary service connection for right leg paralysis, sciatic nerve neuralgia, and cirrhosis of the liver are remanded.

The Veteran's TDIU claim was denied as he does not meet the schedular criteria for an award of TDIU due to his service-connected disabilities, which include post-concussion syndrome with headaches, degenerative disc disease and lumbar strain, tinnitus, left knee patellofemoral syndrome, and radiculopathy of the right leg. The combined disability rating is 60 percent.

The Board has remanded the Veteran's claims for cervical spine and lumbar spine disabilities due to insufficient development. The heart disability claim remains denied.

The Board has remanded the claims for service connection due to deficiencies in prior VA opinions and the need to address the Veteran's contentions regarding the rigors of service.

The Veteran's lumbar spine disability was rated at 40 percent disabling from April 1, 2020. The appeal is denied for entitlement to higher ratings prior to that date.

The Veteran's service-connected coronary artery disease, PTSD, lower back condition, and radiculopathies (sciatica) have been granted. A 100% disability rating has been assigned for CAD.

The Veteran's claim for higher ratings for her degenerative disc disease; lumbar spine was denied. She is currently rated at 40 percent since March 7, 2018.

The Veteran's claims for service connection for various conditions, including lumbar spine disability, sleep apnea, bilateral hip disorder, elbow disorder, shoulder disorder, hand disorder, and eye disorder (claimed as blindness), are remanded due to the need for additional development.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to unemployability prior to November 20, 2003. The claims are being remanded to obtain missing treatment records and to determine if the Veteran is entitled to a total disability rating based on individual unemployability.

The Board has remanded the Veteran's claims of service connection for low back, neck, and right shoulder disabilities due to inadequate VA examination opinions and failure to obtain relevant treatment records.