Back / lumbar spine decisions — 2021

The Board has remanded the claims for increased ratings for intervertebral disc syndrome and arthritis of the thoracolumbar spine, as well as radiculopathy of the sciatic and femoral nerves of the lower extremities. The Veteran's service-connected disabilities are currently rated at 90 percent combined.

The Veteran's bilateral hearing loss is rated as noncompensable, and no higher rating is warranted.,For the period from February 10, 2016 through October 10, 2017, the Veteran was granted a 40 percent rating for degenerative arthritis of the lumbar spine. Since then, his disability has not warranted an increased rating.

The Veteran's lower back disability, bilateral foot disorder (including paresthesias), and patellofemoral syndrome of the knees have been granted service connection.,New evidence has reopened claims for these conditions.

Service connection for skin cancer is granted. Service connection for back condition and left shoulder scarring/disfigurement are remanded.

The Board denied service connection for a low back disability, finding that the Veteran did not have a chronic low back disability in service or within one year of separation. The Board also found no credible evidence of continuity of symptoms since service and concluded that any current low back disability is less likely than not related to service.

The Board has remanded the Veteran's claims for additional development, including obtaining outstanding records and scheduling VA examinations. The issues include rating his service-connected disabilities of the back and upper extremities, as well as a claim for TDIU.

The Board has remanded the Veteran's claims for left metatarsalgia, degenerative joint and disc disease of the lumbar spine with intervertebral disc disorder, radiculopathy of the sciatic nerve of the right lower extremity, radiculopathy of the sciatic nerve of the left lower extremity, and radiculopathy of the femoral nerve of the right and left lower extremities due to inadequate remand actions.

The Board has denied the Veteran's claim for service connection for a back disorder, finding that there is no evidence of current disability related to service or an in-service injury. The VA examiner concluded that any current arthritis-related diagnoses were not shown as chronic in service and are not otherwise noted with attributable continuity of symptomatology.

The Veteran's claim for an earlier effective date for the award of service connection for degenerative disc disease (DDD) of the cervical spine is denied. The Board found that there were no earlier claims upon which an earlier effective date could be granted.

The Veteran's service connection claim for degenerative arthritis of the lumbar spine is granted based on continuity of symptomatology since service.

The Veteran's appeal for an initial rating in excess of 10 percent for arthritis of the left thumb was dismissed as she stated satisfaction with the current rating.,The Veteran's appeals for increased ratings from March 6, 2020, for DDD of the lumbar spine, plantar fasciitis of the bilateral feet, and migraine headaches were also dismissed due to her satisfaction with the current ratings.

The Board has ordered additional development for the issues of entitlement to a compensable rating for hypogeusia, service connection for a neck disorder, service connection for a back disorder, service connection for a right knee disorder, and service connection for chronic right leg numbness. The Veteran will be scheduled for an examination to determine the current severity of his hypogeusia and medical opinions will be obtained regarding the etiology of his claimed conditions.

The Board has reopened the Veteran's claims for service connection for urinary incontinence, a back condition, pelvic pain, and recurring sebaceous cysts. The cases are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's left shoulder disability is granted service connection. The initial rating for MDD remains at 70%. The effective date for TDIU is set at May 4, 2016. Service connection for dry eye syndrome and low back disability are remanded. Service connection for right shoulder disability is also remanded.

The Veteran's claim for service connection for bilateral hearing loss and increased rating for low back disability were denied. The Board found no evidence of current diagnosed bilateral hearing loss disability, and the low back disability was rated as 20 percent prior to March 3, 2020, but not higher.

The Board has determined that the VA examination and opinion provided are not adequate for determining whether the Veteran's low back condition is related to service. The case is therefore being remanded for a new examination.

The Veteran's service connection claim for an acquired psychiatric disorder other than specific phobia was denied. The reduction from a 100 percent to a 20 percent rating for his left shoulder disability, status post arthroscopic surgery, effective February 1, 2016, was upheld. His claims for higher ratings for the left shoulder and lumbar spine degenerative arthritis were denied. His claim for right lower extremity radiculopathy was also denied. The Veteran's specific phobia, bilateral hearing loss, cholecystectomy residuals, cholecystectomy scars, and right knee scars all received initial compensable ratings. Finally, his TDIU claim was denied.

The Board has remanded the claims for service connection of degenerative joint disease (DJD) of the lumbar and cervical spine due to new evidence submitted by the Veteran.,The Veteran is seeking service connection for DJD of both his lumbar and cervical spines, which he attributes to in-service heavy labor and lifting. The VA has ordered a remand to provide further examination.

The Veteran's claims for increased evaluations for thoracolumbar spine strain and post-surgical right ankle strain with degenerative arthritis were denied as there is no evidence of forward flexion of the thoracolumbar spine to 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and additional development is required.