Back / lumbar spine decisions — 2021

The Veteran's back disability was rated at 20 percent prior to October 25, 2019 and restored to 40 percent from October 20, 2020. The claim for a higher rating is denied.

The Board has determined that the Veteran's back disorder had its onset during active duty and granted service connection for this condition.

The Veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 20 percent, and the Board finds that this rating adequately reflects his current disability level for the period since February 6, 2018.

The Veteran's appeal of service connection for heart murmur and an increased rating in excess of 20 percent for diabetes mellitus has been dismissed.,The Veteran's appeals of earlier effective dates for the grants of service connection for intervertebral disc syndrome and lumbar spondylosis, posttraumatic stress disorder (PTSD), sciatic radiculopathy of the left lower extremity, and increased ratings for intervertebral disc syndrome and lumbar spondylosis, sciatic nerve radiculopathy, right lower extremity, PTSD have been dismissed.,The Veteran's appeal of a TDIU prior to August 26, 2016 has been remanded.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if his knee and back conditions are related to his military service.

The Board has remanded the case for additional development, including a new VA examination to evaluate the Veteran's back disability and obtain relevant SSA records. The issues of entitlement to increased evaluations for service-connected disabilities and TDIU are being addressed.

The Board denied service connection for a lumbar spine disability and residuals of concussion or traumatic brain injury (TBI) due to lack of evidence linking these conditions to service.

The Board denied increased ratings for the Veteran's lumbar spine disability, patellofemoral pain syndrome of the right knee, and left knee arthritis. The Veteran was granted a TDIU effective May 19, 2017.

The Board denied the Veteran's petition to reopen her claim of service connection for chronic low back pain, finding that new and material evidence had not been submitted sufficient to reopen the claim.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for additional examinations.

The Board has decided to remand the case due to issues with the June 2018 VA medical opinion and additional lay statements. The Veteran's low back disability will be reviewed again by a qualified examiner.

The Veteran's claims for service connection for a lumbar spine disability and left leg disorder are remanded due to the need for additional medical opinions.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, but a higher rating of up to 40 percent is granted from September 20, 2018 to April 1, 2019 for intervertebral disc syndrome (IVDS) with degenerative arthritis of the spine and lumbosacral strain.,After April 2, 2019, a higher rating beyond 20 percent is not warranted. The Veteran's service connection claim for diabetes mellitus, type II (DMII), including secondary to his IVDS with degenerative arthritis of the spine and lumbosacral strain, is also remanded.

An effective date earlier than August 27, 2012, is granted for the grant of a total disability rating based on individual unemployability (TDIU) and eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Board has determined that the Veteran's back disability is secondary to his service-connected right knee disability, and thus grants service connection for this condition.

The Veteran's claim for a temporary total evaluation (100 percent) for a service-connected back disability surgery is denied because the claim was filed more than one year after the medical procedure.

The Board has granted the Veteran's claims for service connection for urinary tract infections, bilateral foot disability claimed as plantar fasciitis, right knee strain secondary to her service-connected left knee disability, and lumbosacral strain secondary to her service-connected left knee disability. The appeals are all resolved in favor of the Veteran.

The Board dismissed the appeal for a rating in excess of 10 percent for tinnitus. The low back disability was readjudicated and granted service connection, with the opinion that it is at least as likely as not related to peacetime service. Service connection was denied for vision disorder, kidney disorder, left ear hearing loss, and right ear hearing loss.

The Veteran's claims for high cholesterol, hypertension, pseudofolliculitis barbae (PFB), sleep apnea, lumbar spondylosis with disc disease, left thumb condition, right wrist condition, and right shoulder rotator cuff tear have all been denied as there is no evidence of a current disability or a relationship to service.,The Veteran's claims for high cholesterol, hypertension, pseudofolliculitis barbae (PFB), sleep apnea, lumbar spondylosis with disc disease, left thumb condition, right wrist condition, and right shoulder rotator cuff tear have all been denied as there is no evidence of a current disability or a relationship to service.

The Board has dismissed the Veteran's claims for service connection for a low back disability and radiculopathy, right lower extremity as it lacks jurisdiction due to concurrent elections.