Back / lumbar spine decisions — 2021

The Board has remanded the issues of service connection for a left elbow disability, lumbar spine disability, and left epididymis cyst and left groin pain. The Veteran's migraine headache claim was reopened due to new evidence submitted.,The Board has also remanded the issue of increased rating for cervical degenerative disc disease and right shoulder impingement syndrome.,For the issues not related to service connection, the Board will proceed with adjudication based on the existing evidence.

The Board has remanded the Veteran's claims due to a lack of recent medical evidence and for further examinations.

The Veteran's claims for service connection for back disability, left hip disability, and right hip disability were denied as there was no evidence of in-service injury or disease that led to the current disabilities.

The Veteran withdrew his appeal of a higher rating for his back disability, and the Board dismissed the case as a result.

The Veteran's seborrheic dermatitis was granted a 60% rating from February 14, 2017 to October 31, 2017. The issue of service connection for a back disability is remanded.

The Veteran's initial ratings for cervical and lumbar strains have been denied as the evidence does not support a higher rating based on current functional limitations.

The Veteran's claims for increased evaluations for low back and left knee scars have been dismissed due to their death.

The Board has granted service connection for the Veteran's thoracolumbar spine disability, but denied service connection for his cervical spine disability.

The Board dismissed the appeals for carpal tunnel syndrome, radiculopathy of the right arm, and low back pain as they are no longer relevant due to the death of the appellant.

The Veteran was unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities from October 15, 2009 to July 11, 2011.

The Veteran's chronic low back pain with functional loss began in service and has continued to the present. The Board granted service connection for chronic low back pain, resolving all doubt in favor of the Veteran.

The Board has determined that the Veteran's current low back problems, including degenerative disc disease and dextroscoliosis (crooked spine), had their onset in service due to a May 1963 car accident. Service connection is granted for these conditions.

The Veteran's claim for a higher rating for degenerative disc disease of the cervical spine was denied as his symptoms did not meet the criteria for a higher rating under Diagnostic Code 5237.

The Board has decided to remand the Veteran's claims for service connection for lumbar and cervical spine disabilities, as secondary to a service-connected left knee disability. The claims will be reviewed again with new evidence and an examination by an orthopedist/orthopedic surgeon.

The Veteran's spouse is not found to be in need of regular aid and attendance due to her disabilities, as she can manage most daily activities with assistance.

The Board has remanded the Veteran's claims for service connection for low back and right knee disabilities due to insufficient medical opinions regarding their etiology. The case will be returned for further development.

The Veteran's left knee instability is granted with a separate 10 percent rating effective April 25, 2013.,A higher rating for degenerative arthritis of the left knee remains denied.

The Veteran's low back disability was rated at 10 percent prior to May 11, 2012. A higher rating of 20 percent is granted as of May 11, 2012.,For the period from June 1, 2019 to September 19, 2019, a disability rating in excess of 40 percent was denied due to lack of incapacitating episodes. Since September 19, 2019, a higher rating has not been granted as flexion did not reach 30 degrees or less.,The Veteran's low back disability remains rated at 20 percent since September 19, 2019.

The Veteran's appeal for a higher rating for his low back disability has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has remanded the case for further development due to incomplete compliance with previous remand directives and issues related to neurologic complications of IVDS.