Back / lumbar spine decisions — 2021

The Veteran withdrew her appeal for increased ratings and earlier effective dates for her service-connected thoracolumbar spine disability and radiculopathy of both lower extremities, stating she had received complete compensation since initiating the appeal in November 2015.

The Board has granted service connection for the Veteran's lumbar spine disability, including lumbar disc herniation, degenerative disc disease, and spondylosis, finding that it is at least as likely as not related to his military service.

The Veteran's claim for a higher rating for his left lower extremity radiculopathy of the sciatic nerve associated with service-connected lumbar strain with DDD was denied. The Board found that the disability more closely approximated a moderately severe incomplete paralysis, warranting a 40 percent rating. The issue of entitlement to SMC based on loss of use of the foot due to his radiculopathy was also denied.

The Board has remanded the issue of whether the Veteran's sleep apnea is related to his service-connected disabilities, specifically his foot and spine conditions. The case will be reviewed by a medical professional who will provide an opinion on whether it is at least as likely as not that the Veteran's obesity, caused or aggravated by his service-connected disabilities, contributed to his sleep apnea.

The Veteran's degenerative disc disease with IVDS and low back pain is currently rated at 40 percent, effective May 11, 2015. The rating remains denied as the disability does not meet criteria for a higher rating.

The Board has remanded the Veteran's claims of service connection for neck, shoulder, back, hip, and sleep apnea disabilities due to inadequate VA medical opinions. The claims are being returned for further development.

The Board has determined that the VA examiner's opinion is inadequate and requires further examination to address the Veteran’s lay statements regarding his service-connected back pain.

The Veteran's claim for special monthly compensation (SMC) under 38 U.S.C. § 1114(s)(1) is granted, as he meets the criteria with a combined rating of 100 percent due to his service-connected PTSD.

The Veteran's lumbar spine disability was granted a 40% rating effective June 23, 2020. Prior to this date, the disability had been rated as noncompensable.

The Board has remanded the case for additional development, including obtaining missing records and conducting a VA examination to assess the Veteran's lumbar spine disability. The TDIU rating is also being remanded.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's statements regarding continuity of symptomatology since his in-service injury are credible and resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection for left knee and low back disorders, finding that additional opinions are needed to address the relationship between these conditions and his military service, as well as any aggravation by his service-connected right knee and ankle disabilities.

The Veteran's back and bilateral knee disorders are granted as secondary to his service-connected bilateral foot disabilities. His bilateral pes planus is already at the maximum schedular rating.

The Board has determined that the Veteran's current low back disability, including residuals of a low back injury sustained during service, is etiologically related to his military service and grants service connection for this condition.

The Veteran's PTSD and back disability have rendered him unable to secure or follow a substantially gainful occupation since March 21, 2012. His TDIU is granted.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to September 13, 2019 due to insufficient evidence showing that he was unable to secure or follow substantially gainful employment as a result of his service-connected disabilities.

The Board has remanded the case due to insufficient consideration of the Veteran's in-service back pain and its relation to his current low back disability.

The Veteran's claims for increased ratings for degenerative changes of the lumbar spine and right hip extension were denied. The VA examinations showed that the Veteran had limited range of motion in his thoracolumbar spine, but no ankylosis or other severe impairment.

The Veteran's low back disability was denied for ratings in excess of 10 percent prior to February 6, 2018 and in excess of 20 percent from that date. The Board found the evidence did not support a higher rating based on the limited range of motion.

The Veteran's claim for TDIU is remanded due to incomplete records and non-compliance with the Board's previous directives.