Back / lumbar spine decisions — 2021

The Board has remanded the claim for service connection of a neck condition as secondary to lumbar strain due to its inextricability with another issue being remanded.

The Board has granted readjudication of the claim for service connection for a back disability due to new evidence submitted by the Veteran. The claims for bilateral knee disabilities, bilateral flat feet, and obstructive sleep apnea are remanded as VA examinations are needed.

The Veteran's appeals for service connection on six different conditions have been dismissed due to his withdrawal of the appeal.

The Veteran's back disability, including lumbar spondylolisthesis at L5-S1 and thoracic spine levoscoliosis, was denied an increased rating prior to September 19, 2018, and in excess of 20 percent thereafter.,Right lower extremity radiculopathy was also denied a separate rating prior to October 18, 2019, and an initial disability rating in excess of 10 percent.

The Veteran's right elbow strain has been granted a 10 percent evaluation effective June 17, 2015. Service connection for obstructive sleep apnea and restless legs syndrome have also been established.

The Board has determined that the Veteran's claims for service connection for a lumbar spine condition and left knee condition, to include as secondary to a back disability are remanded due to the need for additional medical examination.

The Veteran's claims for service connection have been reopened and granted for a left knee condition, right knee condition, degenerative changes in the thoracolumbar spine, and left shoulder condition.,Service connection is also denied for a right little toe condition.

The Board has remanded the case due to inadequate compliance with prior remand instructions regarding the nature and etiology of the Veteran's back disability. The claim is now pending for further development.

The Veteran's lumbosacral spine with DJD and radiation pain is rated at 40 percent. Separate ratings of 10 percent are granted for left and right sciatic radicular disabilities.

The Board has found that there was not substantial compliance with the August 2020 Board remand requests and thus, a new VA examination is required to determine the severity of the Veteran's low back disability from February 2009 to January 2017.

The Board denied the Veteran's claims for service connection for a left shoulder condition and low back condition, as well as an increased rating for right shoulder strain status post rotator cuff surgery. The evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The Veteran's low back condition is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted.

The Board has found that additional development is needed before adjudication of the issues on appeal, including obtaining a VA medical opinion regarding the etiology of the Veteran's bilateral hearing loss and considering new evidence received since the March 2021 SSOC.

The Board denied service connection for ulcers and low back disorder, finding that the Veteran did not have these conditions during or within one year after his military service. The Board also found no evidence of continuity of symptoms since service.

The Board has remanded the claims for increased ratings for cervical and thoracolumbar spine disabilities due to incomplete examination reports and a need to consider the effects of medications on the Veteran's functioning.

The Board dismissed all issues of service connection and evaluation for various conditions due to the Veteran's death.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the etiology of the lumbar spine and bilateral hip disabilities, as well as their relationship to service-connected conditions.

The Veteran's appeals for service connection for various hip and back conditions secondary to his service-connected bilateral knee disabilities have been dismissed due to the Veteran's withdrawal of his appeal prior to a decision being made.

The Veteran's claim for service connection of a cervical spine disability was denied. The increased rating claims for lumbar strain with degenerative disc disease were also denied, but the Veteran was granted TDIU status.

The Veteran's lumbosacral strain is rated at 40 percent since October 1, 2016. The Board found that the evidence does not indicate ankylosis or functional equivalent of ankylosis and denied associated neurological ratings.