Back / lumbar spine decisions — 2021

The Veteran's claims for service connection for fibromyalgia, low back pain, chronic fatigue syndrome, and diarrhea were granted effective April 7, 2014. The Board found no evidence to support earlier effective dates.

The Board has remanded several issues for further development, including service connection for right ankle conditions and individual unemployability prior to May 16, 2017.

The Board has remanded the case due to insufficient information in a previous VA medical examination regarding the Veteran's back disability. The issue of service connection for her back disability is now pending and will be reconsidered.

The Veteran's claim for increased ratings for DDD of the lumbar spine is being remanded due to additional relevant evidence added to the record since the July 2020 supplemental statement of the case. The case will be returned to the agency of original jurisdiction (AOJ) for initial consideration.

The Board has remanded the Veteran's claims for service connection for lower back condition, fibromyalgia, right shoulder injury, left hip condition, right hip condition, and vision deterioration due to procedural errors in the previous decision.

The Veteran's claim for a higher rating for migraines prior to March 22, 2010 is granted. The Board finds the evidence at least in equipoise as to whether the Veteran’s migraines would most closely approximate very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's claim for a higher rating for migraines from March 22, 2010 onward is denied. The highest schedular rating available for migraine headaches under Diagnostic Code 8100 has already been granted.

The Board has remanded the cases for further development and examination. The Veteran's sleep apnea is not service-connected, while his lumbosacral spondylosis case requires additional medical opinion to determine its etiology.

The Veteran's service connection claim for right hand weakness (Carpal tunnel syndrome) is denied, and his increased rating claim for degenerative arthritis of the lumbar spine is also denied.

The Veteran's rating for lumbar spine DDD from February 14, 2012, is denied as the disability does not meet the criteria for a higher rating based on unfavorable ankylosis.

The Board has decided to remand the Veteran's claim for service connection of a lumbar spine disorder due to inadequate examination and incomplete medical records.

The Board has remanded the Veteran's claims due to a lack of information on the competency of VA examiners who performed his C&P examinations. The AOJ is instructed to provide the Veteran with this information.

The Board denied an initial evaluation in excess of 10 percent for the Veteran's lumbar strain prior to March 7, 2018, finding that the evidence did not show functional loss due to pain or other factors.

The Veteran's appeal to increase the rating for his service-connected back disability has been withdrawn, resulting in dismissal of the case.

The Board has found that the evidence is not sufficient to resolve the Veteran's claim for service connection for headaches, and remanded the case for further development.

The Board has granted service connection for the Veteran's lumbar spine condition, finding it is at least as likely as not due to his active-duty service.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that it is not related to his service or service-connected right knee disability. The evidence does not support a secondary service connection as the current low back disability is more likely due to aging and mechanical stress from his occupation.

The Board has denied the Veteran's claim for service connection for degenerative disc and joint disease, finding that there is no evidence of a chronic condition in service or within one year after discharge. The Board concluded that the current diagnosis was more likely related to the Veteran's work as a letter carrier post-service.

The Veteran's low back strain is granted a 20 percent rating from February 11, 2014 to December 18, 2019. A higher rating for the period beyond this date is denied.

The Veteran was granted a TDIU rating for the period from October 1, 2014 to December 20, 2016 due to his service-connected low back disability and psychiatric disability.

The Veteran's claim for an initial disability rating in excess of 20 percent for thoracolumbar spine degenerative joint disease was denied as the evidence did not show that his range of motion met the criteria for a higher rating under VA regulations.