Back / lumbar spine decisions — 2021

The Veteran's GERD and back disability are being remanded for additional examination to determine appropriate ratings.

The Board has granted service connection for low back disability and sleep apnea, finding that the evidence is at least in equipoise as to whether these conditions began during or are related to active service.

The Board has remanded the Veteran's claims for service connection due to lack of substantial compliance with prior remand instructions and issues related to pre-existing conditions. The case is being returned for further development, including obtaining service treatment records and personnel records.

The Board has remanded the cases of service connection for left knee disability, lumbar spine disability, and bilateral shin splints due to insufficient evidence regarding their etiology.

The Board has granted service connection for mild degenerative changes of the lumbar spine, but denied service connection for right ear hearing loss.

The Board has granted the Veteran's petition to reopen his previously denied claim for service connection for low back disability. The claims of service connection for psoriasis and low back disability secondary to bilateral knee disabilities are remanded due to insufficient evidence.

The Veteran's claim for a higher disability rating for his lumbar spine disability was denied. Prior to November 26, 2019, the disability was rated at 10 percent and from that date onwards it is rated at 20 percent.

The Board denied the Veteran's claim for service connection for a back disability, finding that her preexisting condition was not aggravated by her active duty service.

The Veteran's claims for service connection have been denied as there is no evidence of in-service incurrence or continuity of symptomatology for the claimed conditions.

The Veteran's PTSD and DDD claims are remanded for additional development. The TDIU claim is also remanded.

The Veteran's claim for service connection for residuals of a shrapnel wound to the low back has been reopened and is granted.,The Veteran's claim for service connection for residuals of a shrapnel wound to the upper back was denied.

The Board denied service connection for a back disability and dismissed the claim of an increased rating in excess of 10 percent for a right shoulder disability prior to March 10, 2017. The issue of an increased rating in excess of 30 percent for a right shoulder disability from March 10, 2017 onwards is currently pending and will be remanded.,The Board found no evidence linking the Veteran's back disorder to service and dismissed his claim of an increased rating in excess of 10 percent for a right shoulder disability prior to March 10, 2017.

The Veteran's claim for an increased rating for lumbosacral spondylosis and spinal stenosis was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating. For the period between November 19, 2010 and October 16, 2012, the Veteran's TDIU claim was granted based on his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's service-connected residuals of a lumbar laminectomy are rated at 20 percent, effective May 10, 2010. The claim for an increased rating is denied.,Prior to November 12, 2019, the Veteran's sciatic radiculopathy of the lower left extremity was rated at 20 percent; after that date, it has been rated at 40 percent.

The Board has determined that further remand is necessary for the Veteran's neck and back disability claims due to incomplete compliance with previous instructions.

The Veteran's claim for a higher rating for his chronic lumbar strain has been granted, with a 40% disability rating effective from April 9, 2010. The decision is based on the current symptoms and findings during the appeal period.

The Board has remanded the Veteran's claims of service connection for a neck condition and right ankle condition due to incomplete development. The decision on whether to grant or deny these claims will be determined after further review.

The Veteran's appeals for service connection for left hand joint pain and right hand joint pain have been dismissed due to his withdrawal of the appeal during a hearing before the undersigned.,Service connection has been granted for degenerative arthritis of the lumbar spine, cervical spine, headaches, and PTSD.

The Veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 20 percent, which is the maximum rating available under VA regulations. The evidence does not support a higher rating as there is no ankylosis or limitation of motion to 30 degrees or less.

The Board has dismissed the claim for service connection of a lumbar spine disability and granted service connection for a left elbow disability.