Back / lumbar spine decisions — 2021

The Board denied the Veteran's claims for earlier effective dates and service connection, finding no CUE in the March 1985 rating decision. The Veteran was granted service connection for a back disability but not for neuropathy of the right lower extremity, left foot drop, or urinary disability.

The Veteran's claim for service connection of lumbar strain with intervertebral disc syndrome and spinal stenosis is granted, effective November 29, 2012.

The Veteran requested to withdraw his appeal for service connection of a low back strain, and the Board has dismissed the case as a result.

The Board denied the Veteran's claims for service connection for a thoracolumbar spine condition, radiculopathy of the bilateral lower extremities as secondary to a thoracolumbar spine condition, erectile dysfunction as secondary to a thoracolumbar spine condition, and bilateral hearing loss. The Board also denied the Veteran's claim for an increased rating for residuals of fracture of left mandible, postoperative.

The Board has decided to remand the case due to lack of substantial compliance with a prior remand directive and will require another examination to assess additional loss of range of motion from flare-ups and repeat use over time.

The Board denied the claim for service connection of a back disorder, finding that it did not occur during active duty or reserve training.

The Board has granted service connection for degenerative arthritis and degenerative disc disease of the lumbar spine with mild scoliosis, finding that the Veteran's current disability is related to his active duty service.

The Board has reopened the claims of service connection for fibromyalgia, chronic fatigue syndrome, bilateral hearing loss, a low back disability, and tinea pedis/onychomycosis. The Veteran's claims are now remanded for further development.

The Board has remanded the case due to inadequate development of referred issues and will provide another opportunity for the Veteran to submit information. The TDIU claim will be readjudicated after these actions.

The Veteran's claims for service connection for acute promyelocytic leukemia, low back disability, right knee disability, left knee disability, and high blood pressure have been granted. The evidence provided a reasonable possibility of substantiating the claims.

The Veteran's initial 20 percent rating for degenerative arthritis of the thoracolumbar spine is granted, and his initial 30 percent rating for painful abdominal scars is granted prior to November 25, 2016. The appeal regarding deep/nonlinear abdominal scars and superficial/nonlinear abdominal scars is not addressed as they are denied.

The Board has dismissed all appeals for rating increases and service connection claims due to the Veteran's death.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional development, including obtaining VA treatment records and conducting appropriate examinations.

The Board denied the Veteran's claims for service connection for low back disability and left ear hearing loss, finding that there was no evidence of a current disability related to his military service.

The Veteran's lumbosacral degenerative joint disease with spondylosis was previously rated at 10 percent, effective January 22, 2015. The Board has restored the rating to 20 percent since November 4, 2011.

The Board has decided to remand the claim for service connection of a low back disability due to incomplete development and failure to address the Veteran's statements regarding continuity of symptoms.

The Veteran's claims for service connection have been reopened, but the Board has determined that further development is needed to determine if his lower back and neurological conditions are related to service.

The Board has determined that the Veteran's low back disability is at least as likely as not related to his service, and thus grants service connection for this condition.

The Veteran's lumbosacral spine degenerative disc disease is granted a 40 percent rating, effective January 27, 2016. The right hip condition is granted an initial 20 percent rating, effective November 21, 2016.

The Veteran's DDD of the thoracolumbar spine with IVDS is rated at 40 percent, effective prior to March 1, 2021. A separate rating of 20 percent for right lower extremity radiculopathy is granted beginning November 19, 2020.