Back / lumbar spine decisions — 2021

Service connection is granted for degenerative disk disease of the lumbar spine with bilateral radiculopathy and headaches. Service connection for left knee disability and right knee disability are remanded.

The claims for service connection for a low back disorder, type II diabetes mellitus, tinnitus, right knee disorder, acquired psychiatric disorder (including PTSD, major depressive disorder, and substance use disorder), obstructive sleep apnea, headaches, esophageal disorder (GERD and hiatal hernia), and erectile dysfunction are all remanded due to the need for additional medical examinations.,The claims for service connection for a low back disorder, type II diabetes mellitus, tinnitus, right knee disorder, acquired psychiatric disorder (including PTSD, major depressive disorder, and substance use disorder), obstructive sleep apnea, headaches, esophageal disorder (GERD and hiatal hernia), and erectile dysfunction are all remanded due to the need for additional medical examinations.

The Veteran's low back disability and left lower extremity radiculopathy have been rated at 10 percent since May 1, 2015. The RO has now restored the original ratings of 20 percent for these conditions.,The Veteran's right lower extremity radiculopathy was also rated at 10 percent effective December 7, 2021.

The Veteran's initial compensable disability rating for service-connected right ear serous otitis media with hearing loss was denied. The Board found that the evidence did not support a higher rating, and thus remanded the cases of his right wrist condition, right knee condition, and lower back condition.

The Board has granted service connection for depression, but denied service connection for a low back condition and hypertension. The decision is based on the evidence showing that the Veteran's current conditions are not related to his military service.

The Veteran's back disability is being remanded for a new examination to assess its current severity.

The Veteran's claim for service connection for a back disability to include degenerative arthritis, degenerative joint disease, and degenerative disc disease of the lumbar spine was denied. The claims for initial ratings for left knee disability (meniscal impairment) and left hip disabilities were remanded due to insufficient evidence. The claim for TDIU is also remanded.

The Veteran's claim for a higher disability rating for his service-connected lumbar spine condition was denied. The Board found that the evidence did not support a finding of forward flexion to 30 degrees or less, which would warrant a higher rating under the old criteria. The TDIU claim is also remanded as the Veteran has not met the schedular criteria for TDIU based on his service-connected disabilities.

The Board has granted a 20% disability evaluation for the Veteran's degenerative arthritis of the lumbar spine with spinal stenosis from June 6, 2014 to January 14, 2020. From January 14, 2020 onwards, the claim is denied as there is no evidence of unfavorable ankylosis or other conditions warranting a higher rating.

The Veteran's MDD was granted a rating of 70 percent from March 20, 2017 to October 1, 2019. The low back disability received a grant of increased rating to 70 percent.

A rating of 40 percent for a back disability is granted effective April 8, 2019.,Entitlement to ratings in excess of 20 percent for left and right lower extremity lumbar radiculopathy is denied.,TDIU is granted effective April 8, 2019. The issue of TDIU prior to this date remains remanded.

The Board has remanded several issues for further development, including service connection claims and a hypertension claim. The Veteran's migraine headaches, arm disability, and other disabilities are being reviewed again due to new evidence.

The Board has granted the Veteran's claims for service connection for right knee arthritis, left knee arthritis, right lower extremity radiculopathy (claimed as hip condition), and a back disability as secondary to her service-connected shin splints.

The Veteran's claims for residuals of a first metatarsal base osteotomy of the right foot, psychiatric disability (presumed to be depression and anxiety), and back disability have been granted. The service connection for these conditions is reopened.

The Board has remanded the Veteran's claims for lumbosacral spine degenerative disc disease and bilateral hearing loss due to incomplete records. The VA is instructed to obtain all relevant treatment records from private healthcare providers, including T. Macey, M.D., and L. Ettinger, M.D.

The Veteran's claim for special monthly compensation based on statutory housebound status was denied as he did not meet the requirements of having a single service-connected disability rated at 100% and other service-connected disabilities separately rated at 60% or more.

The Board has denied the Veteran's claims for service connection for various hip, back, knee, and neurological conditions. The evidence does not support a link between these conditions and his military service.,There is no medical evidence linking any of the claimed disabilities to service or to a service-connected disability.

The Veteran's claims for an increased rating for lumbosacral strain and service connection for hearing loss are being remanded due to incomplete examinations. The Veteran will need new evaluations to determine the severity of his lumbosacral strain and whether his current hearing loss is related to his active service.

Your increased rating claims for degenerative disc disease, lumbar spine at L3-4, L4-5 and radiculopathy of the left lower extremity have been dismissed as part of an earlier legacy appeal. The Board is not considering these issues separately.

The Veteran's right leg and low back disabilities are granted as service-connected, with the right leg disability related to a 1983 motor vehicle accident during service.