Back / lumbar spine decisions — 2021

The Board has remanded several issues for further development, including evaluations for various disabilities and service connection claims.

The Veteran's appeal for an earlier effective date for the grant of service connection for a lumbar spine disability, prior to July 21, 2009, is dismissed due to her death.

The Veteran's chronic lumbosacral strain with slight DDD was rated at 40% prior to September 17, 2013, and in excess of 40% thereafter. The rating is denied as the evidence did not show findings consistent with any criteria for a higher rating.

The Veteran's right ear hearing loss is rated at zero percent, as the average puretone threshold in both ears is within Level I.,The Veteran’s DDD of the lumbosacral spine is currently rated at 40 percent. The examiner found forward flexion limited to 15 degrees and no ankylosis.,The Veteran's RLE radiculopathy involving sciatic nerve is currently rated at 20 percent, based on moderate incomplete paralysis.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of chronicity or relationship to active service.

The Veteran's service-connected fibromyalgia is found to be the cause or aggravation of his bilateral lower extremity sensory neuropathy, thus granting service connection for these conditions.

The Board has remanded the case for an additional VA examination to determine if the Veteran's degenerative disc disease is related to his service, including any in-service assault and his MOS as a car operator. The claim will be reopened but not necessarily granted.

The Board denied service connection for low back disability, residuals of TBI, right eye disability, and acquired psychiatric disability (PTSD). The claim for Total Disability Rating Based on Individual Unemployability was also denied.

The Veteran's 30 percent rating for gastroesophageal reflux disease with esophagitis and hiatal hernia is restored. The Board found that the reduction was not proper as there was no evidence of an actual improvement in the Veteran’s ability to function under ordinary conditions of life and work.

The Veteran's service-connected conditions, including scoliosis and degenerative disc disease of the thoracolumbar spine, as well as radiculopathy in both lower extremities, have resulted in a combined disability rating of 60 percent. The case is remanded for further consideration.

The Board denied service connection for a cervical spine condition, left shoulder condition, back condition, and bilateral hip condition. The evidence did not support the Veteran's claims that these conditions were related to his active military service.,There was no medical opinion linking any of the claimed conditions to the Veteran’s time in service.

The Board has remanded the claims for service connection for a left wrist disability and back disability as secondary to both knees due to inadequate opinions in previous examinations.

The Board has dismissed the appeals for a rating in excess of 20 percent for bilateral hearing loss, service connection for low back disability and left knee disability as they are all related to the Veteran's death.

The rating reduction for the Veteran's back disability from 20 to 10 percent was improper, and the 20 percent rating is restored. An initial 70 percent rating for mood disability with major depression is granted. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.

The Board has decided to remand the Veteran's claims for a low back condition and asbestosis with pleural plaques due to the need for additional examinations and testing. The Veteran is seeking service connection for his low back condition, which he attributes to an in-service injury, and a compensable rating for his asbestosis with pleural plaques.

The Veteran's depression, rated at 70% since October 13, 2011, has been granted TDIU as of July 31, 2013.,Prior to July 31, 2013, the Veteran’s lumbosacral strain with degenerative changes was rated at 40%, and combined with other disabilities, reached a maximum rating of 60%.

The Board has determined that additional records are needed to fully and fairly consider the Veteran's claims for service connection. The issues of lumbar spine disability, obstructive sleep apnea (OSA), bilateral peripheral neuropathy of the lower extremities, glaucoma, gastroesophageal reflux disease (GERD), vasectomy, and post-traumatic stress disorder (PTSD) are being remanded to obtain additional records.

The Board has remanded the Veteran's claims for hypertension, right ankle disability, left ankle disability, bilateral pes planus, and low back disability due to additional development being required.

The Board has remanded the claims for entitlement to increases in ratings for low back and left knee disabilities, as well as a TDIU prior to June 30, 2015. The appeals are pending further development.

The Veteran's lumbar spine disability, bilateral lower extremity radiculopathy, and TDIU claims have been denied. The Veteran was granted a higher rating for his bilateral lower extremity radiculopathies since December 4, 2019.