Back / lumbar spine decisions — 2021

The Board has remanded the case due to uncertainty regarding whether the Veteran's service-connected cervical spine disability may have caused or aggravated his current low back disability.

The Veteran's lumbar strain with spondylosis and stenosis is rated at 40% since April 22, 2009. Right and left lower extremity radiculopathy are also rated at 20% from February 15, 2014, to September 4, 2020, and 20% thereafter. The Veteran's TDIU is granted from February 26, 2009, to January 19, 2012.

The Veteran's degenerative disc disease of the lumbar spine was initially rated at 20 percent from May 22, 2004 to March 29, 2020. The Board denied a higher rating for this condition.

The Board has dismissed the Veteran's appeals for service connection and rating determinations related to various conditions, including left ear hearing loss disability, prostate cancer, an acquired psychiatric disorder, lumbar spine degenerative joint disease (DDD)/degenerative disc disease (DDD), and left lower extremity radiculopathy. The decision is due to the death of the Veteran.

The Board has decided to remand the Veteran's claims for pes planus, low back condition, and buttocks and left leg condition associated with a low back condition due to insufficient examination opinions. The Veteran is required to provide new evidence of aggravation in service and must be examined to determine if his conditions are related to service.

The Veteran's bilateral hip disabilities have been rated at the minimum level due to painful motion, but do not meet criteria for a higher rating under any applicable diagnostic codes.,The Veteran’s low back disability has been rated at 20 percent and does not meet criteria for a higher rating based on limitation of range of motion.

The Board denied service connection for low back, right shoulder, and right leg/hip disabilities due to a lack of evidence showing the conditions began during service or were related to an in-service injury.

The Veteran's claim for service connection for kidney stones was denied in July 2015, and the claim has been reopened due to new evidence. The Board finds that there is no evidence of a nexus between the current disability and service.,Service connection for IBS was granted in July 2015 with an effective date of November 19, 2014. The Veteran's appeal regarding the effective date is dismissed as untimely.

The Board has remanded the Veteran's claims of service connection for various foot and knee disabilities, as well as a back disability. The VA examinations conducted in January 2020 were deemed insufficient due to their equivocal nature and failure to consider the Veteran's lay observations.

The Board denied the Veteran's claim for an evaluation in excess of 20 percent for chronic lumbosacral strain from December 30, 2008 to July 6, 2017, finding that the evidence did not show functional impairment equivalent to forward flexion limited to 30 degrees or less.

The Veteran's right knee strain with arthritis is rated at a separate initial 10 percent rating effective from May 21, 2014.,His claim for an initial compensable rating for right knee strain with arthritis prior to December 14, 2019, and thereafter, was denied. The case of service connection for a low back disability is remanded.

The Board dismissed the appeals due to the Veteran's withdrawal of these claims prior to a decision being made.

The Board denied service connection for diverticulosis, back condition, neck condition, and endometriosis as the evidence did not support a causal relationship to service.

The Board has dismissed all claims for increased ratings as the Veteran died during the appeal process.

The Board has remanded the claims for a right ear hearing loss disability, left ear hearing loss disability, low back injury, and hypertension due to exposure to tactical herbicide agents and as secondary to PTSD.,The Veteran's claim of service connection for a left ear hearing loss disability is denied because there is no evidence of a current disability.

The Veteran's claim for a higher rating for paravertebral muscle spasm, low back was denied. A 40 percent rating has been granted effective March 6, 2017 and December 4, 2018.

The Board has remanded the Veteran's claims for service connection for right hip and low back disorders due to incomplete VA opinions that did not address all relevant evidence, including the Veteran's lay statements regarding in-service injuries.