Back / lumbar spine decisions — 2021

The Veteran's appeal for a rating in excess of 10 percent for lumbar degenerative arthritis was denied, while the appeal for a 20 percent rating, but no more, for cervical degenerative arthritis and disc disease was granted.

The Board denied the Veteran's claim of service connection for a back disorder, finding that his current condition is not related to his military service.

The Board has dismissed the appeals of the Veteran's claims for service connection due to his death.

The Veteran's initial 40 percent rating for low back disability prior to November 27, 2019 is granted. A higher rating of over 40 percent for the low back disability since that date is denied.

The Board has found that additional development is needed for the issues on appeal, including obtaining outstanding records and scheduling VA examinations. The Veteran's service-connected conditions of sinusitis, major depressive disorder, chondromalacia patella, right knee, and chronic lumbosacral strain/sprain are still under review.

The Board has reopened the Veteran's claims for service connection for a respiratory disability, low back disability, right elbow scar, tinea pedis with tinea cruris, and duodenal ulcer. However, due to additional development needed, these claims are being remanded.

The Board denied the Veteran's claims for service connection for right knee, left knee, disability of the spine (including lumbar and cervical spines), residuals of pneumonia, and chronic joint pain associated with pneumonia.,There is no evidence linking any of these conditions to active service.

The Veteran's claim for service connection for kidney cyst has been reopened, but the evidence does not establish a current disability or link to service. The claims of service connection for pulmonary tuberculosis and back disability are denied as new and material evidence was not received. Service connection for peripheral neuropathy is also denied.

The Board has remanded the case due to inadequate VA examinations and failure to properly consider the Veteran's claim under 38 C.F.R. § 3.303(b). The Court agreed with the Veteran that the examiner did not account for his lay statements of continuous back pain since service.

The Veteran has withdrawn his appeals for the remaining issues, including service connection and rating claims related to sleep apnea, cervical spine disability, lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's depressive disorder is rated at 70 percent, but no higher. The Veteran's lumbar spine intervertebral disc syndrome is rated at 40 percent from January 30, 2020 and denied for prior to that date. The Veteran's left lower extremity radiculopathy is rated at 20 percent. The Veteran's patellofemoral syndrome of the left knee is denied.

The Veteran's claim for an increased rating in excess of 10 percent for his back disability prior to October 5, 2012, is denied as the evidence does not show a worsening condition commensurate with the criteria for a higher rating. For the period from October 5, 2012, to September 2020, the Veteran's claim for an increased rating in excess of 20 percent is also denied due to lack of evidence showing a worsening condition that would warrant such a rating.

The Veteran's claims for service connection for lumbosacral strain with degenerative disc disease and right knee osteoarthritis were granted. The claims for hypertension and diabetes were denied.

The Board has remanded the cases for additional examinations and opinions to determine if the Veteran's neck and back conditions are related to his service-connected TMJ disability or due to his National Guard service.

The Board has remanded the case for additional development, including obtaining an adequate medical opinion regarding functional loss due to pain on flare-ups and scheduling a new VA examination of the Veteran's low back.

The Veteran's low back disability is rated at a 20 percent, effective from the date of the decision. The ratings for right knee flexion limitation and extension are denied. A TDIU has been granted.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment since April 30, 2004. A total disability rating based on individual unemployability (TDIU) is granted effective from that date.

The Veteran's claims for increased ratings and TDIU were denied. The back disability was rated at 20 percent, the right knee disability at 10 percent, and the left shoulder disability at 20 percent from December 2, 2018. Headaches were not rated as compensable prior to January 31, 2020, but a rating of 30 percent was granted thereafter. TDIU was denied.

The Veteran's left lower extremity radiculopathy is rated at 20 percent from May 18, 2009. The Board has remanded the issues of entitlement to a disability rating in excess of 20 percent for degenerative disc disease and TDIU.

The Board has remanded the Veteran's claims due to a scheduling error for his requested Decision Review Officer hearing, and requests for additional VA and private treatment records.