Back / lumbar spine decisions — 2021

The Veteran's petition to reopen his claim for service connection of a left foot disability is granted. His claim for a compensable initial rating for allergic rhinitis remains denied, and the issues of service connection for right knee disability, back disability, and respiratory disability are remanded.

The Board has determined that the Veteran does not have a current diagnosis of plantar warts, and therefore service connection for this condition is denied. The remaining claims are remanded due to insufficient medical opinions regarding the nature and etiology of various conditions.

The Board has remanded the cases due to incomplete service records and the need for additional examinations. The Veteran's lung condition, low back disability, status post left below knee amputation, and status post bowel resection are all in question.

The RO has restored the Veteran's 40% disability rating for service-connected lumbar degenerative joint disease with lumbar disc herniation, effective May 1, 2020. The issues of increased ratings and earlier effective dates remain pending.

The Board has granted service connection for temporal lobe syndrome with ischemic brain damage, depressive disorder with anxiety and sleep disorder, and lumbar spine disorder, all of which are found to be related to the Veteran's service-connected disabilities.

The Board denied an earlier effective date for a 20% rating for lumbosacral strain with intervertebral disc syndrome, and the Veteran's claims for service connection of right wrist tendonitis and genitourinary condition as secondary to his low back disability were not addressed due to insufficient medical evidence.

The Veteran's service-connected disabilities, including his lumbar spine disability and anxiety disorder, rendered him unable to secure and follow a substantially gainful occupation. The Board granted the TDIU claim.

The Veteran's appeals for service connection were dismissed due to his death.

The Veteran's left knee disorder, right foot onychomycosis, and service-connected coronary artery disease were granted. The issues of service connection for arteriosclerosis, bilateral ankle disorder, bilateral eye disorder, bilateral hip disorder, bilateral shoulder disorder, cervical disorder, headache disorder, low back disorder, acquired psychiatric disorder, bilateral hearing loss, vertigo, dental disorder, obesity, and left foot onychomycosis are dismissed.

The Board has granted service connection for the Veteran's right knee, left knee, and back disabilities, finding that these conditions are proximately due to or aggravated by his service-connected bilateral foot disability.

The Veteran's claims for tinnitus, costochondritis, tonsillitis, low back disorder, right hip disorder, left hip disorder, left lower extremity disorder, rhinitis, sinusitis, and headaches have been denied. The case is remanded for additional development in regard to these issues.,An effective date prior to June 30, 2016 for the award of service connection for tinnitus has not been granted.

The Board denied service connection for left ankle, right ankle, left knee, and low back disabilities due to a lack of evidence linking these conditions to the Veteran's military service.

The Veteran's claim for service connection of degenerative disc disease was denied in August 1994 and again in October 2008. The claim was reopened in May 2013, with the effective date set at August 30, 2011. The Board found that an earlier effective date is not warranted due to the finality of the October 2008 rating decision.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection for various foot, ankle, knee, hip, elbow, shoulder, and low back disabilities. The appeal is being remanded due to inadequate or incomplete previous examinations.

The Board has granted service connection for Hypertension and Degenerative Disc Disease of the Cervical Spine, finding that these conditions are secondary to other service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine osteoarthritis due to conflicting medical opinions and lack of clear and unmistakable evidence regarding pre-existing spinal canal stenosis.

The Board has remanded the case due to incomplete records and the need for a new VA examination to evaluate the Veteran's back condition. The claim will be readjudicated after obtaining all necessary records.

The Veteran's left knee disability is rated at the maximum allowed, and a higher rating for limitation of extension is denied.,A separate evaluation of moderate instability is granted. A higher evaluation for instability is not warranted due to the amputation rule.

The Board denied an increased rating for rosacea and denied service connection for hypertension and a low back disorder. The Veteran's skin disability was rated at 10 percent, but the Board found no evidence of systemic therapy or systemic manifestations warranting a higher rating. For hypertension, the Board determined there was no in-service diagnosis and no current manifestation meeting VA criteria for hypertension. For the low back disorder, the Board found no service connection due to lack of continuity of symptomatology since service.

The Board has remanded three issues related to the Veteran's service-connected cervical and lumbar spine disabilities, as well as radiculopathy of the right lower extremity. The reasons for this are that the most recent VA examination was conducted almost eleven years ago, which is deemed insufficient given the potential worsening of the conditions.