Back / lumbar spine decisions — 2021

The Veteran's PTSD has been rated at 50% since April 24, 2017. The Board is remanding the case to consider whether a higher rating of 70% is warranted as of April 24, 2018.

The Veteran's claims for service connection and increased rating were denied. The Board found no evidence to support the Veteran's assertions of in-service incurrence or continuity of symptomatology for his claimed conditions.

The Board has granted service connection for a back disability. The decisions on the left and right shoulder disabilities are remanded due to insufficient evidence.

The Veteran's chronic low back strain resulted in a combined range of motion of the thoracolumbar spine limited to 225 degrees, which does not meet the criteria for a rating in excess of 10 percent under the General Rating Formula. The Board finds no evidence of ankylosis or muscle spasm/severe guarding.

The Board has decided to remand the Veteran's claims for service connection due to incomplete evidence in his file, specifically missing treatment records from VA Medical Center, Jacksonville and possibly Gainesville.

The Veteran's claim for an initial rating of 70 percent for unspecified depressive disorder is granted. The Board finds that a remand is required to obtain a secondary aggravation opinion regarding the Veteran's back condition.

The Veteran's service connection claims for an acquired psychiatric disorder and a low back disability have been remanded due to insufficient evidence. The Board found that the current psychiatric disorder is not related to service, while the low back disability requires further examination.

The Veteran's claims for increased ratings and effective dates prior to July 15, 2013, were denied as the evidence did not show that increases in disability occurred prior to this date. The right knee scar was rated compensable but no higher, while the lumbosacral strain with degenerative arthritis and RLE radiculopathy received increased ratings effective July 15, 2013.

The Veteran's PTSD, back disability, LLE sciatic nerve radiculopathy, and LLE femoral nerve radiculopathy are all denied as the evidence does not meet the criteria for higher ratings.

The Board has remanded the cases due to insufficient medical evidence regarding the Veteran's lumbosacral strain prior to November 21, 2016 and for a determination of whether the condition results in functional impairment analogous to unfavorable ankylosis on and after November 21, 2016.

The Veteran's initial disability rating for degenerative disc disease of the lumbar spine is granted at 40 percent, effective August 19, 2019. Separate ratings of 20 percent are assigned for radiculopathy affecting both lower extremities beginning August 27, 2021.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's back condition. The Veteran's service connection claim for a back condition is being returned for further development.

The Board has remanded the Veteran's claims for service connection due to outstanding records from his time in Korea. The AOJ is instructed to obtain these records and make a formal determination if they exist or are unobtainable.

The Veteran's claims for increased ratings of his service-connected lumbar spine disability, sciatic radiculopathies of the bilateral lower extremities, and femoral radiculopathies are remanded due to inadequate examination findings. The AOJ is instructed to schedule a new VA examination and obtain any outstanding VA treatment records.

The Board has decided that the claim for service connection for left hip disability, to include a secondary to a back disability, must be remanded due to inadequate VA opinions and incomplete treatment records.

The Veteran's claims of service connection for right hand or wrist, back, and right knee conditions are remanded due to insufficient information. A VA examination is needed to determine if these conditions are related to his military service.

The Veteran's claims for increased ratings for his service-connected right knee osteoarthritis, instability, lumbosacral spine disability, and radiculopathy of the right lower extremity have been granted. The initial rating for right knee osteoarthritis is set at 20 percent effective February 1, 2012, with a higher initial 30 percent rating effective August 17, 2020.

The Veteran's appeal for service connection for lumbar degenerative disease with radiculopathy has been dismissed due to the death of the appellant.

The Veteran's acquired psychiatric disability, diagnosed as generalized anxiety disorder, vertigo, asthma, and lumbar strain are all found to be related to service. Service connection is granted for each condition.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to her left nostril collapse. The low back disability rating remains at 10 percent prior to December 12, 2019 and increased to 20 percent thereafter.