Back / lumbar spine decisions — 2021

The Board has ordered the remand of several issues due to inadequate medical opinions. The Veteran's claims for service connection and increased ratings remain under review.

The Board has determined that new and relevant evidence has been received, granting the Veteran's claims for service connection for an acquired psychiatric disorder, bilateral pes planus, lumbar spine disorder, epididymitis, right ankle disorder, left ankle disorder, right knee disorder, and left knee disorder.,The Board has determined that new and relevant evidence has been received, granting the Veteran's claims for service connection for bilateral pes planus, lumbar spine disorder, epididymitis, right ankle disorder, left ankle disorder, right knee disorder, and left knee disorder.

The Veteran's appeals for service connection for lumbar disc disease, right leg nerve damage, chronic rhinitis, brain disease due to trauma, and an acquired psychiatric disability (PTSD) have been dismissed due to failure to comply with the appropriate claims processing rules regarding perfection of a Board appeal.,The Veteran did not file timely notices of disagreement or VA Form 10182s for these claims within one year of receiving notification letters from the RO, which required him to do so under the old and modernized appeals systems.

The Veteran's claims for increased ratings for his degenerative disc disease of the lumbar spine have been denied as there is no evidence showing that his disability meets or approximates the criteria for a higher rating during any period on appeal.,A 40 percent rating has been granted for the Veteran's back disability from September 14, 2017. However, the Board finds that the preponderance of the evidence does not support an increased rating beyond this level.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's appeals for service connection and a higher rating were dismissed. The Board found that the Veteran withdrew his appeal regarding cervical spine disability and other specified trauma and stress related disorder, and granted service connection for radiculopathy of the bilateral lower extremities as secondary to his low back disability.

The Board granted service connection for a low back disability, finding that the Veteran's symptoms had their onset during active duty and have been continuous since separation from service.

The Veteran withdrew his appeals regarding the issues of initial increased ratings for bilateral hearing loss and service connection for a back disorder, a bilateral foot disorder (other than hallux valgus), and a TBI.

The Veteran's service-connected disabilities did not result in functional impairment sufficient to prevent substantially gainful employment prior to July 7, 2017.

The Veteran's claim for an increased rating for a lumbar spine disability is being remanded due to the addition of new VA treatment records since the last Supplemental Statement of the Case (SSOC).

The Veteran's tinea corporis was granted an initial rating of 30 percent, but denied a higher rating. The joint pain issue is remanded for further examination and opinion.

The Board has remanded the case for further development due to new evidence added since the last supplemental statement of the case.

The Veteran's initial rating for lumbosacral strain, degenerative arthritis, and intervertebral disc disease of the lumbar spine from June 10, 1992 to September 28, 2006 has been granted at a 10 percent disability rate.

The Board has granted service connection for neck disability, lower back disability, bilateral hand disability, and bilateral knee disability as secondary to the Veteran's service-connected generalized anxiety disorder and bilateral first cuneiform metatarsal joint arthritis.

The Veteran's claim for service connection for scar tissue with numbness has been dismissed as the benefits sought have already been granted. The issue of service connection for cervical spine disability is reopened, but no new rating assigned. Service connection for fibromyalgia is denied. Bilateral hearing loss and back disability are not rated compensably or increased.

The Board has remanded the case due to the need for a retrospective opinion regarding the Veteran's lumbar spine condition prior to January 23, 2015. The examiner was unable to provide specific additional range of motion loss during flare-ups or repeated use without an in-person examination.

The Veteran's service-connected lumbar spine disability does not meet the schedular criteria for a total disability rating based on individual unemployability (TDIU). The Board finds that there is not sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of her service-connected disabilities.

The Veteran withdrew his appeals for all issues related to service connection and ratings, effective from the date of the July 2016 phone call.

The Board has dismissed the appeals for entitlement to a disability evaluation in excess of 20 percent for residuals of right femur fracture and entitlement to a disability evaluation in excess of 50 percent for posttraumatic stress disorder (PTSD). The appeal for an initial disability evaluation in excess of 10 percent for osteoarthritis of left knee is REMANDED.

The Veteran's left foot, right knee, and left ankle conditions are granted service connection.,The Veteran's lumbar spine and cervical spine conditions secondary to her service-connected right foot and/or left knee conditions are remanded for further evaluation.