Back / lumbar spine decisions — 2021

The Veteran withdrew her claims for service connection and evaluations related to various conditions, including constipation, left ankle fracture, fatigue and insomnia, cervical spine disability, ganglion cyst of the left knee, allergic rhinitis, lumbosacral strain, lower extremity radiculopathy, and left ankle surgery.

The Board has found that further development is needed for the Veteran's claims of service connection for lower back degenerative disc disease, residuals of head injury (including vertigo), lung condition, and heart condition. The case will be returned to the Board after completion of this additional development.

The Board has denied the Veteran's claims of service connection for tumors, right side of colon and a lower back condition. The appeals for arthritis in various body parts are also denied as there is no direct evidence linking these conditions to his military service.

The Veteran's lumbar and thoracic spine strain was granted a 20% rating from September 14, 2019. The initial ratings for right and left knee patellofemoral pain syndrome were denied.

The Board denied the Veteran's claims for service connection for lower back and upper back disabilities, finding that there was no evidence of a nexus between her current conditions and her military service.

The Board has determined that the Veteran's current low back disorder, including IVDS and spinal stenosis, is related to his military service. The claim for service connection is granted.

The Board has granted service connection for cervical spine disability and headache disorder, finding that these conditions are secondary to the Veteran's service-connected right elbow disability. Service connection for lumbar spine disability was denied as there is no evidence of a chronic condition in service or within one year thereafter.

The Board has decided to remand the cases of bilateral hearing loss and lumbar spine degenerative joint disease due to insufficient recent VA examinations for assessing current severity.

The Board denied higher ratings for the Veteran's lumbar spondylosis, contact dermatitis with angioedema, and scars from fatty tissue excision. However, an earlier effective date of January 9, 2009 was granted for the 40 percent rating for the lumbar spondylosis.

The Board has determined that the VA examinations conducted are inadequate and remands the case for a new examination to assess the current severity of the Veteran's low back disability. The TDIU issue is also remanded as it is inextricably intertwined with the rating assigned for the service-connected condition.

The Board denied service connection for lumbar spine with degenerative disc disease and arthritis of the lumbar spine, finding that there was no evidence to support a link between these conditions and active duty service.

The Board has remanded the cases for further development and examination, including obtaining additional medical records and scheduling new VA examinations.

The Board has dismissed the appeals for increased disability evaluations for lumbar strain with degenerative disc disease and radiculopathy of the right lower extremity as the appellant withdrew these claims.

The Veteran's low back disability is rated at 20 percent prior to February 19, 2020 and 40 percent from that date. The Veteran's bronchial asthma was initially rated at 10 percent effective August 1, 2011, and increased to 30 percent effective February 19, 2020.

The Veteran's hypertension and low back disability are granted, with a 10% rating for hypertension prior to January 29, 2020, and the service connection claim for low back disability is granted.

The Veteran's LLE radiculopathy is granted a 40% disability rating, effective from the date of the decision. The Veteran's lumbar spine disability remains at a 20% disability rating.

The Veteran's claims for increased ratings for lumbosacral intervertebral disc syndrome, right and left lower extremity radiculopathy are being remanded due to the need for additional development of his medical records.

The Board has remanded the case due to a need for an additional medical opinion regarding whether the Veteran's current back disability is related to his military service.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus the TDIU claim is denied.

The Board has remanded the case for a VA examination and medical opinion to determine if the Veteran's low back disability and right leg sciatica are related to his service or service-connected conditions.