Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for right, left shoulder disorders, lumbar spine disorder, right and left hip disorders, right and left knee disorders, and right and left ankle disorders due to in-service repetitive loading of heavy loads from HEMTTs or rocket tubes. The appeals are now pending with VA for further examination and opinion.

The Board denied service connection for left shoulder, bilateral hip, and low back disabilities due to lack of evidence linking these conditions to the Veteran's military service.,Service connection was granted for an initial rating of 50 percent for anxiety disorder prior to November 4, 2020.

The Board has determined that the Veteran's NOD regarding the May 2016 rating decision was not timely filed, and thus, the appeal is denied. The case is remanded for further development related to service connection for PTSD, increased ratings for degenerative joint disease of the lumbar spine with disc herniation at L5/S, and TDIU.

The Veteran's service-connected lumbar spine disability, Achilles tendinitis (right side), and Achilles tendinitis (left side) have been granted increased ratings. Service connection for hypertension has also been established.

The Veteran's claims for service connection and a TDIU are remanded due to the need for updated examinations, authorization of medical records, and consideration of all relevant evidence.

The Veteran's claims for increased evaluations and initial compensable evaluations for his service-connected degenerative disc disease at L4-L5, associated radiculopathies of the sciatic nerve in both lower extremities, and femoral nerves in both lower extremities are being remanded due to inadequate VA examination findings. The TDIU claim is also being remanded as it is intertwined with these issues.

The Veteran's lumbosacral strain and cervical spondylosis were rated, with the lumbosacral strain receiving a 20% rating. The cervical spondylosis was denied an increased rating.

The Veteran's service-connected low back disability is rated at 20 percent since June 29, 2011. The rating has not been increased as his condition does not meet the criteria for a higher rating under VA's rating schedule.

The Board denied a rating in excess of 10 percent for the Veteran's lumbar spine degenerative disc disease prior to October 5, 2014, finding that his disability did not meet or approximate the criteria for a higher rating based on limitation of motion.

The Board has remanded the Veteran's claims for bilateral hearing loss and a lumbar spine disability due to insufficient evidence in the record regarding the etiology of his disabilities, particularly related to military noise exposure. The Veteran is also being asked to provide VA audiological and orthopedic examinations.

The Board has determined that the Veteran's pre-existing low back disability was aggravated by his active duty service, and thus grants service connection for this condition.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient medical opinions and need for additional evidence. The issues include hearing loss, tinnitus, low back disability, foot disabilities (callouses and bunions), right hip disability, and left knee disability.

The Board has remanded the cases due to incomplete development, specifically regarding a VA lumbar examination that could not perform non-weight-bearing range of motion tests. The issues are inextricably intertwined and need to be addressed together.

The Board has remanded the case due to issues related to a total rating based on individual unemployability (TDIU) and special monthly compensation under 38 U.S.C. § 1114(s) and 38 C.F.R. § 3.350(i). The Veteran's back disability is rated as 20 percent disabling, and he has also been granted a separate rating for his peripheral neuropathy of the lower extremities.

The Board has determined that the Veteran's low back disability is at least as likely as not related to an in-service injury during parachute training, and thus grants service connection for this condition.

Service connection for craniocervical arteriovenous fistula is granted. A rating in excess of 10 percent for tinnitus and a compensable rating for lumbar spine degenerative disc disease prior to April 20, 2015, and a rating in excess of 20 percent thereafter are remanded.

The Board has decided that the Veteran's left-hand contusion is not related to his service and denied this claim. The issues of entitlement to service connection for an acquired psychiatric disability and chronic back pain are remanded for further review.

The Board has decided to remand the case due to inadequate examination reports regarding flare-ups, and requests that additional records be obtained.

The Veteran's service-connected lumbar spine, left knee ACL tear with patellofemoral pain syndrome, and right knee patellofemoral pain syndrome have worsened significantly since his last examinations. He should be reexamined to reassess the severity of these disabilities due to the significant time that has passed since those prior examinations. Additionally, a TDIU claim is remanded as it is inextricably intertwined with the claims for higher initial ratings for his low back and left and right knee disabilities.

The Board has granted a TDIU for the period prior to January 4, 2020. The issue of entitlement to a TDIU on an extraschedular basis prior to February 12, 2014 is remanded.