Back / lumbar spine decisions — 2021

The Veteran's claims for service connection for a back disability, sleep apnea, and bilateral hearing loss were denied as new and material evidence was not received to reopen the claims. The Board found that there is no competent medical evidence linking these conditions to service.

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not meet the criteria for a higher rating under the General Rating Formula.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining VA treatment records and a medical opinion regarding her sleep apnea with fatigue.

The Veteran's lumbar spine strain was granted a 20 percent disability rating from December 19, 2013 to August 1, 2021.,Since August 2, 2021, the Veteran is not entitled to a higher rating for her lumbar spine strain.

The Veteran's claim for higher ratings for left lower extremity radiculopathy and TDIU was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to September 13, 2019, or 20 percent thereafter. For TDIU, the Veteran met the schedular criteria for a single disability rated at least 60% due to his back and radiculopathy conditions.

The Veteran's appeal for increased ratings for cervical and lumbar spine disabilities is being remanded due to lack of substantial compliance with the Board's previous remand directives.

The Veteran's claims for service connection are remanded due to incomplete records and the need for additional medical examinations.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examination and outstanding treatment records. The Veteran is advised that she should attend a new VA examination or provide good cause if she declines.

The Veteran's claims for increased ratings for left ear hearing loss and lumbar spine disability were denied. The Board found that the Veteran did not meet the criteria for a compensable rating for his left ear hearing loss, as it was only at Level III impairment. For his lumbar spine disability, he did not meet the criteria for a higher than 10 percent rating based on the severity of his symptoms.

The Veteran's claims for higher ratings on his low back, neck, and right lower extremity radiculopathy disabilities are being remanded due to the need for updated VA examinations that comply with Sharp v. Shulkin.

The Board has determined that the Veteran's lower back disability, including spondylolisthesis, L5-S1 secondary to spondylolysis and right lumbar radiculopathy, is related to his service. The decision grants service connection for this condition.

The Board denied service connection for back, left knee, right knee, and left ankle disorders as the evidence did not support a link between these conditions and military service.

The Board has remanded the Veteran's claims of service connection for right hip and lumbar spine disabilities due to a lack of a medical opinion addressing the etiology of these conditions. The Veteran served in the Marine Corps, where he experienced physical training that included long hikes and obstacle courses.

The Veteran's appeal for an extension of a temporary total disability rating beyond July 31, 2018 due to his service-connected lumbar spine disability was denied as the evidence did not show he required hospitalization or convalescence following his discharge.

The Veteran's service-connected lumbar spine disability is not rated higher than 20 percent prior to October 16, 2020.

The Veteran's bilateral chondromalacia patella is granted as secondary to his service-connected bilateral achilles tendonitis. The low back disability claim has been remanded for additional opinions.

The Veteran's appeal is being remanded for further development regarding his claim of entitlement to a total disability based upon individual unemployability (TDIU). His service-connected lumbar spine disability has resulted in a 40 percent rating since November 10, 2020. The TDIU claim will be evaluated considering the Veteran's bilateral hand conditions and tinnitus.

The Veteran's claim for an initial rating of 20 percent, but not higher, for degenerative changes of the lumbar spine is granted. The claims for increased ratings for right leg radiculopathy and left leg radiculopathy are also granted.

The Board has remanded the Veteran's claims for low back, right eye, and right hand conditions due to inadequate VA examinations. The AOJ is required to obtain military personnel records and arrange for new VA examinations.

The Board has remanded the Veteran's claims for service connection due to outstanding VA treatment records and a need for medical examinations. The claims include psychiatric, alcoholism, neurological disabilities of the upper and lower extremities, headache disability, bilateral hearing loss, tinnitus, shoulder disability, cervical spine disability, lumbar spine disability, and bilateral foot disability.