Back / lumbar spine decisions — 2021

The Board denied the Veteran's claims for service connection of left and right shoulder conditions, back condition, and neck condition. The Board also remanded issues regarding rating in excess of 10 percent for left foot hallux valgus with arthritis in the MTP joint, beginning January 9, 2013, to include on an extraschedular basis; rating in excess of 10 percent for right foot hallux valgus with arthritis in the MTP joint, beginning January 9, 2013, to include on an extraschedular basis; and TDIU prior to January 7, 2016.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations and evaluations.

The Board has remanded the claims of service connection for low back and left shoulder disabilities due to insufficient examination opinions addressing the Veteran's contentions regarding in-service injuries.

A rating of 40 percent for DDD of the thoracolumbar spine prior to September 14, 2021 is granted.,An increased rating in excess of 40 percent for DDD of the thoracolumbar spine from September 14, 2021 is denied.,The matter of TDIU prior to July 16, 2012 is remanded.

The Veteran's initial disability rating for DDD of the thoracolumbar spine was granted at a 20 percent level from November 21, 2010 to May 11, 2021. For the right elbow, a staged initial disability rating in excess of 30 percent on the basis of limitation of flexion was denied.

The Veteran's claim for service connection for lumbar spine degenerative disc disease was reopened and granted, with the Board finding that his symptoms are related to his military service. Service connection was also granted for diabetes mellitus type II associated with herbicide exposure.,Service connection for both conditions is established based on presumptive exposure to herbicides during active duty.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment prior to October 27, 2016.

The Veteran's lumbar spine arthritis is related to his in-service injury and service connection is granted.

The Veteran's initial and increased evaluations for right knee degenerative arthritis with Baker's cyst status post right meniscal tear repair, as well as his lumbar spine disability evaluation prior to October 17, 2020, were denied. For the period beginning March 20, 2009, a higher evaluation of 10 percent for right knee instability was granted.

The Veteran's service-connected back and bilateral lower extremity neuropathy disabilities caused him to become obese, which contributed substantially to his death from congestive heart failure.

The Board has remanded the case due to inadequate reasons and bases for its October 2020 denial of the claim, specifically because it relied on an inadequate examination that failed to adequately address the Veteran's self-reported flare-ups. The case is now required to be remanded for a new examination.

The Veteran's disability rating for left lower extremity radiculopathy affecting the sciatic nerve was restored to 40 percent effective February 1, 2020.,The Veteran was granted entitlement to a TDIU based on her service-connected disabilities.

The Veteran's appeal for an increased evaluation for lumbar strain is dismissed because the AMA appeal was docketed in error and does not affect his legacy appeal.

The Board has remanded the claims for service connection for a low back condition, left lower extremity sciatica, and right lower extremity sciatica due to potential errors in the decision-making process and incomplete medical records. The Veteran's statements regarding his symptoms are credible, but further evidence is needed to establish whether his current conditions are related to his active service.

The Board denied service connection for bilateral arthritic foot condition, lumbar spine condition, hypertension, and bilateral sciatica as the evidence did not support a finding of in-service injury or disease that caused these conditions.

The Veteran's lumbar spine degenerative disc disease is rated at 40 percent, but no higher, as it has resulted in functional favorable ankylosis of the thoracolumbar spine.

The Board has remanded the claim for a rating in excess of 10 percent for a low back disability due to inadequate medical examination and failure to conduct all required range of motion testing.

The Board has granted earlier effective dates for service connection of TBI, posttraumatic headaches as secondary to TBI, PTSD, bilateral hearing loss, and tinnitus. The Veteran's claims for back condition and hypertension are remanded due to procedural errors.

The Veteran's service-connected disabilities, including bilateral knee replacements and lumbar spine degenerative disc disease with degenerative arthritis, have rendered him unable to secure or maintain substantially gainful employment. The Board finds that the evidence is at least in equipoise that his service-connected conditions prevent him from obtaining and maintaining such employment.

The Board has granted earlier effective dates for service connection of degenerative disc disease with spinal stenosis and left lower extremity radiculopathy, both dating back to July 14, 2015. The claim for a compensable evaluation for the Veteran's lumbar scar is denied.