Back / lumbar spine decisions — 2021

The Veteran's service connection claim for a thyroid disorder is granted, and he is assigned an initial schedular rating of 100 percent for PTSD. The claims for increased ratings for his lumbar spine disability, neck disability, forehead scar, left hand scar, and forehead scar are denied.

The Board has remanded the Veteran's claims for service connection for a low back condition and sleep apnea due to insufficient evidence of record. The Veteran is required to be afforded VA examinations to determine the nature and etiology of his claimed conditions, including exposure during service.

The Veteran's service-connected conditions prevent him from securing or following a substantially gainful occupation, warranting a TDIU rating.

The Veteran's claim for increased ratings and TDIU related to his lumbar spine disability is being remanded due to the need for additional evidence and a new examination.

The Veteran withdrew his appeals for the lumbar spine, headaches, gastroesophageal reflux disease, right knee, and irritable bowel syndrome.

The Board denied an earlier effective date for service connection of spondylolisthesis L4 / L5 status post lumbar laminectomy and fusion with DDD, finding that the earliest probative evidence of a nexus between the Veteran's post-service lumbar spine disability and his active service was provided by a VA examiner in April 2015. The effective date for this grant of service connection is set at February 18, 2015.

The Board denied an increased rating for the Veteran's back disability, finding that it did not meet the criteria for a higher rating before May 14, 2020, and after May 14, 2020. The current rating of 20% is maintained.

Service connection for hypertension was denied.,The Veteran's left knee limitation of flexion and instability were not granted increased ratings, but a 10% rating was granted prior to February 24, 2015, and a 20% rating from February 24, 2015 through April 17, 2016.,The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome was granted a 40% rating prior to April 18, 2016 and denied for higher ratings thereafter. ,Service connection for right lower extremity radiculopathy of the sciatic nerve and left lower extremity radiculopathy of the sciatic nerve were not granted increased ratings.,Service connection for ankylosing spondylosis and degenerative arthritis of the cervical spine was granted, but denied for higher ratings.

The Board has granted service connection for low back and right knee disabilities, finding that the evidence is at least in equipoise as to whether these conditions began during active service.

The Veteran's bilateral trochanteric bursitis is granted as secondary to her service-connected fibromyalgia. The Board finds the determination of the August 2017 examiner concerning the relationship between the Veteran’s bilateral trochanteric bursitis and fibromyalgia to be especially probative.

The Board has decided the case is remanded due to insufficient evidence regarding whether the Veteran's right knee disability is proximately due to or aggravated by his service-connected conditions.

The Veteran's service-connected intervertebral disc syndrome, thoracolumbar spine and bilateral lower extremity radiculopathy are currently rated at 20 percent each. The appeal for higher ratings is denied.

The Veteran's initial claim for a higher rating for his lumbar spine disability prior to June 15, 2020 was denied as the evidence did not show flexion limited to 60 degrees or less, combined range of motion of 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The claim for a higher rating from June 15, 2020 was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran was granted a TDIU from October 4, 2005 through April 18, 2007 due to his service-connected disabilities.

The Board has determined that the Veteran's claims for service connection for bilateral shoulder arthritis, lumbar spine arthritis, cervical spine arthritis, right knee arthritis, and bilateral hearing loss are remanded due to new evidence received after the April 2016 rating decision. The Veteran reported incidents of falling from aircraft during service which may be related to his current disabilities.

The Veteran's left ear hearing loss is granted service connection due to in-service noise exposure. Service connection for cervical spine, left wrist, and lumbar spine disabilities are denied as there is no credible evidence of such injuries during service or within one year thereafter.

The Veteran's lower back disorder is rated at 30 percent effective January 5, 2021. Service connection for a secondary major depressive disorder due to his service-connected lower back disorder and BLE radiculopathy is granted.

The Board has remanded the Veteran's claims for service connection for right hip disability, left hip disability, and low back disability. The TDIU claim is also remanded as it is intertwined with the increased rating claim for PTSD.

The Veteran's claim for increased ratings for his lumbar spine disorder was denied. Prior to July 29, 2019, the rating remained at 20 percent due to limited flexion of less than 60 degrees. From July 29, 2019, the rating was reduced to 40 percent based on further limited flexion.

The Board has granted service connection for the Veteran's back condition, finding that it is at least as likely as not related to an in-service injury during his military service.