Back / lumbar spine decisions — 2021

The Board has remanded the claims for lumbar spine disorder, excessive scar tissue on the back and acquired psychiatric disorder (posttraumatic stress disorder and anxiety), diabetes mellitus, type II, right arm disorder, left arm disorder, right foot disorder, left foot disorder, and erectile dysfunction due to in-service exposure to ionizing radiation. The claims are remanded for additional development including obtaining medical opinions.

The Board denied service connection for a back disability, but granted service connection for gastroesophageal reflux disease (GERD) and headaches.,Service connection was also denied for carpal tunnel syndrome.

The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's low back disability, requiring a new VA examination.

The Veteran's low back disorder is rated at 20 percent from August 4, 2009 to February 27, 2012. A higher rating is not warranted during this period.,An initial rating in excess of 10 percent for the right lower extremity neuralgia is denied.

The Veteran's lumbar spine disability and patellofemoral syndrome of the knees were granted a 10 percent rating, but no higher. The radiculopathy of the left lower extremity was remanded.

The Board has reopened the Veteran's claims for service connection for lumbar spine disability, cervical spine disability, headaches, and acquired psychiatric disorder due to new and material evidence. The claims are being remanded for further examination and opinion.

The Veteran's claim for increased rating of lumbar spine intervertebral disc syndrome, with thoracic spine compression fracture and spondylosis was denied. The current rating is 40 percent disabling from March 16, 2018.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 18, 2016. Effective July 12, 2015, the Veteran was granted a TDIU on an extraschedular basis.

The Veteran's tinnitus and major depressive disorder have been granted service connection. The Board has also remanded several issues related to his lower extremities, lumbar spine, ankles, feet, and kidneys due to the need for further medical examination.

The Veteran's claim for a higher rating for his lower back disability is remanded due to evidence showing the disability worsened prior to June 8, 2012. His TDIU claim is granted.

The Board has remanded the Veteran's claims of service connection for a back disability and an acquired psychiatric disorder including PTSD due to inadequate etiology opinions provided by VA examiners in October 2019. The appeal is now pending again.

The Board has remanded the Veteran's claims for service connection due to insufficient examination findings and conflicting medical evidence. The claims will be reconsidered with new examinations.

The Veteran's back disability is not rated higher than 10 percent prior to June 13, 2014 and 40 percent thereafter.,The Veteran's neck disability is not rated higher than 20 percent.

The Veteran's claim for a rating in excess of 40 percent for his service-connected degenerative joint disease of the thoracolumbar spine was denied. The Board also found that the Veteran’s TDIU claim prior to October 1, 2013 should be remanded due to insufficient evidence.

The Board has remanded three issues related to service connection for lumbar spine disorder, cervical spine disorder, and radiculopathy in the upper extremities due to incomplete factual assumptions in the April 2017 VA examinations.

The Veteran's right foot disability is granted service connection. The Board has remanded the issues of service connection for sinusitis and a back disability, as secondary to service-connected bilateral knee and feet disabilities.

The Veteran's appeals regarding right and left knee disabilities have been withdrawn, resulting in their dismissal.,The Veteran's appeals for higher ratings for his right and left foot hallux valgus are remanded due to the need for additional development.

The Veteran's diabetes mellitus is granted service connection and rated at 10%. The right and left great toe scars are granted a 10% rating. The Veteran's migraine headaches remain at the maximum schedular rating of 50%. Service connection for a back disability, including as secondary to service-connected disabilities, and sleep apnea are remanded.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected PTSD. The Board found the evidence in equipoise regarding whether the Veteran’s joint pain, lumbar spine disability, cervical spine disability, lipomas, Gulf War Illness, bronchial asthma, nasal polyps, digestive problems, hernia, and skin problems are related to service.

The Board has granted service connection for degenerative joint disease of the right knee, left knee, and lumbar spine. The decision is based on the Veteran's credible testimony regarding his in-service injury and continuity of symptoms.