Back / lumbar spine decisions — 2021

The Board has remanded the claims for service connection due to new evidence presented by the Veteran regarding his exposure to radioactive materials while working at Aberdeen Proving Ground. The case is also being referred to the Under Secretary for Benefits for consideration under VA's dose estimation process.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment as of December 1, 2018.

The Veteran's claim for increased ratings for intervertebral disc syndrome (IVDS) and left lower extremity radiculopathy with intermittent foot drop was denied. The IVDS rating prior to January 17, 2020 is denied as the evidence does not show forward flexion of the thoracolumbar spine at or below 30 degrees.,The Veteran's claim for an initial evaluation in excess of 40 percent for IVDS on or after January 17, 2020 was also denied. The evidence did not meet the criteria for unfavorable ankylosis of the entire thoracolumbar spine or the entire spine.,The Veteran's claim for an initial evaluation in excess of 20 percent for left lower extremity radiculopathy with intermittent foot drop was denied as her symptoms have not met the criteria for severe incomplete paralysis.

The Veteran's service-connected Major Depressive Disorder and degenerative arthritis of the lumbar spine are being remanded for additional development to determine their current severity.

The Veteran's petition to reopen the previously denied claims for entitlement to service connection for a right shoulder disability, low back disability, left ankle disability, bilateral hip disabilities, and bilateral leg disabilities were granted. A rating of 10 percent was assigned for left knee chondromalacia from February 28, 2010.

The Veteran's cervical spine disability was rated at 20 percent prior to January 23, 2008 and denied a higher rating. From January 23, 2008, the Veteran's cervical spine disability was rated at 30 percent and also denied a higher rating.,The Veteran's bilateral occipital neuralgia was initially rated at 20 percent and denied a higher rating.

The Board has remanded the Veteran's claims for service connection due to incomplete development and inadequate VA examinations. The claims are related to secondary service connection, but no specific exposure basis or presumption was provided.

The Board has remanded the issues of entitlement to increased ratings for cervical and lumbar spine disabilities due to inadequate examination reports that did not include information on when pain began during range of motion testing.

The Board has dismissed the appeals for service connection of sleep apnea, left knee disability, right knee disability, and low back disability due to the Veteran's death.

The Veteran's lumbar spine condition has not been manifested by forward flexion to 30 degrees or less, and therefore a rating in excess of 20 percent is denied.

The Veteran's claim for service connection for a lumbar spine disability, to include DDD and DJD is granted. The appeal for increased ratings for heart disability, urinary leakage, erectile dysfunction, and scar associated with prostatectomy is dismissed due to withdrawal by the Veteran. Service connection for bilateral hearing loss disability is remanded. A rating greater than 10 percent for non-Hodgkin’s lymphoma, postoperative residuals, stomach injury is also remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and potential missing records. The Veteran is required to provide VA with all relevant medical records, including those from the Social Security Administration (SSA) and VA treatment centers. Additionally, a VA examination is needed to determine the nature and etiology of his claimed back condition and bilateral upper extremity conditions.

The Board has remanded both issues for further evaluation due to the need for a medical examination and clarification of diagnostic codes.

The Veteran's claims for service connection for an eye disorder, lumbar spine strain, left knee patellofemoral syndrome, and right knee patellofemoral syndrome are remanded due to insufficient opinions in the previous VA examinations.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, effective September 14, 2017. Effective dates for separate compensable ratings for radiculopathy of the right internal saphenous nerve, obturator nerve, external cutaneous nerve, and ilio-inguinal nerve are denied.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine is being remanded due to a lack of adequate discussion regarding flare-ups during the VA examination.

The Veteran's back condition, Parkinson’s disease, acquired psychiatric disorder (including depression), and eye condition are all granted service connection. However, the VA has not provided sufficient evidence to determine if his neck and knee conditions are related to service.

The Veteran's dental condition was granted service connection as it was caused or aggravated by his service-connected myofascial pain syndrome dysfunction.,Service connection for bilateral hearing loss and trace nuclear sclerosis of the bilateral eye lenses were denied due to lack of current disability.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's lumbar spine disability is caused or aggravated by his service-connected conditions.

The Veteran's claims for increased ratings and SMC based on the need for aid and attendance are being remanded due to the need for new examinations.