Back / lumbar spine decisions — 2021

The Board has remanded the claims for service connection for various knee and foot disabilities, as well as an acquired psychiatric disorder. The issues are being returned to the RO/AMC for further development.,Service connection is not granted for a back disability or right lower extremity radiculopathy (to include hip and ankle) due to lack of evidence showing in-service incurrence or aggravation.

The Veteran's thoracolumbar strain/sprain with scoliosis and right knee chondromalacia patella, status post right knee ACL surgery with shin splints have been granted initial ratings. The rating for the right knee condition was reduced after August 2, 2018.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support his assertion that he experienced symptoms since service and concluding that continuity of symptomatology alone is not sufficient for service connection without a competent nexus opinion.

The Board has remanded the case due to additional development being required, including a supplemental VA opinion and addressing the Veteran's lay statements regarding his service-connected low back disability.

The Board denied increased ratings for osteoarthritis of the right knee, left knee, and degenerative changes of the lumbar spine prior to April 25, 2019.

The Veteran is granted TDIU based on service-connected disabilities from October 19, 2006 and TDIU based on depressive disorder alone from October 25, 2019.,Effective October 25, 2019, the Veteran also receives SMC at the housebound rate due to his service-connected disabilities.

The Board has granted service connection for right knee, left knee, and lumbar spine disabilities as they are considered current disabilities that began during active service.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current condition is at least as likely as not related to his in-service injury and sprain. The decision resolves any doubt in favor of the Veteran.

The Board has vacated its previous decision and remanded the case for further review, including a remand on service connection for lumbar spine disability. The Veteran's PTSD is granted at a 70% rating, but other claims are pending.

The Veteran's TBI with PTSD is granted a total rating, and his left eye recurrent corneal erosions, painful motion of the left knee (patellofemoral pain syndrome), GERD, and degenerative arthritis of the thoracolumbar spine are all granted increased ratings. The Veteran’s tendon strain of the right fifth finger remains remanded.

The Board has remanded the claims for a rating in excess of 10 percent for service-connected left knee disability prior to May 19, 2015 and 40 percent thereafter, service connection for a low back disability, to include as secondary to service-connected left knee disability, and service connection for a right knee disability, to include as secondary to service-connected left knee disability. The TDIU claim has also been added to the appeal.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine with spondylosis and neurogenic bladder have been denied, but an effective date of October 4, 1991 has been granted for both conditions.

The Veteran's claim for service connection for low back pain was reopened due to new evidence. Service connection is granted for a low back disability. The claims for sleep apnea and facial sunburn residuals are remanded.

The Veteran's low back disability, rated at 40 percent since November 1, 2012, has been granted an increased rating to 40 percent effective May 27, 2009 (excluding a period of temporary total convalescence rated at 100 percent from August 1, 2012, through October 31, 2012).

The appeal for high cholesterol is dismissed. The Board has remanded the issues of hypertension, right hip disability, left hip disability, TBI residuals, seizure disability, and thoracolumbar spine degenerative disc disease.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence of an in-service injury or disease and that any current condition is not related to his military service.

The Board denied service connection for a thoracolumbar spine disorder with radiculopathy affecting the left lower extremity and granted a 70 percent rating for PTSD. The decision also noted that the Veteran's TDIU claim was granted prior to August 28, 2020.

The Board has remanded the claims for service connection for a back disorder, diabetes mellitus, and heart disorder (secondary to diabetes mellitus) due to inadequate opinions in previous VA examinations.

The Veteran's claim for increased ratings of his migraine headaches, chronic low back strain, and retropatellar pain syndrome, left knee with mild degenerative joint disease is remanded due to the need for further examinations.

The Board denied the Veteran's claims for service connection for a left knee disability and an initial rating in excess of 10 percent for his back disability. The evidence did not support a finding that the Veteran had current left knee or back disabilities, and the preponderance of the evidence was against both claims.