Back / lumbar spine decisions — 2021

The Board has granted service connection for degenerative arthritis of the lumbar spine and cervical spine, finding that there is at least equipoise evidence to support these claims.

The Board has determined that new and relevant evidence has been presented to warrant readjudication of the claims for service connection for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The claims are now REMANDED due to a duty to assist error.

The Veteran's appeal was granted for an effective date of September 29, 2017, and the assignment of a temporary total rating based on thoracolumbar spine surgery with severe postoperative residuals. The extension of this rating through August 7, 2018, and entitlement to SMC based upon statutory housebound status were also granted.

The Board has granted service connection for degenerative arthritis of the lumbar spine and cervical spine, finding that the evidence is in relative equipoise as to whether these conditions are related to active service.

The Board denied service connection for degenerative disc disease, bilateral L5 spondylosis and its secondary radiculopathy in both legs due to lack of evidence linking the current conditions to military service.

The Board has remanded the claims for hypertension, BPH, cervical spine disorder, lumbar spine disorder, bilateral hip disorders, neuropathies of any extremities, glaucoma and cataracts, and heart disorder due to inadequate examination opinions that did not consider the Veteran's work as a combat engineer in service.

The Board has remanded the Veteran's claims for increased ratings for his knee disabilities and service connection for a low back disorder and an acquired psychiatric disorder due to procedural errors in previous decisions.

The Veteran's claim for an increased rating for lumbosacral strain was denied, as the evidence did not show limitation of motion more nearly approximating forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees.,The Veteran's claim for an earlier effective date for a 50 percent disability rating for PTSD, TBI with persistent depressive disorder and anxious distress was denied because the evidence did not show that a factually ascertainable increase in disability due to service-connected conditions occurred within one year prior to his formal increased rating claim.

The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, warranting a TDIU.

The Board has remanded the claims for low back disability and bilateral upper extremity peripheral neuropathy due to insufficient rationale in the previous VA opinions. The Veteran's service connection claim is being reviewed again with new medical opinions.

The Board has remanded the Veteran's claims for increases in ratings for his low back disability, right and left lower extremity radiculopathy due to incomplete compliance with prior remands. The case will be returned after further development.

The Board denied service connection for bilateral open angle glaucoma, bilateral cataracts, kidney disability, heart disability, right hip disability, and left hip disability. Service connection was granted for degenerative arthritis of the lumbar spine.

The Veteran's claim for an effective date prior to June 26, 2012 for the grant of service connection for a lumbar spine disability has been denied.,The Veteran's claim for increased rating for his lumbar spine disability is remanded due to alleged worsening since the last VA examination in June 2019 and failure to describe probable additional losses in functionality during flare-ups.,The Veteran's claim for service connection for a cervical spine disability, secondary to his service-connected lumbar spine disability, has been raised.

The Veteran's claim for increased ratings for his lumbar spine degenerative arthritis and TDIU is being remanded due to the need for additional development.

The Board has remanded the claims for additional development due to insufficient examination findings. The Veteran's lumbar spine, right knee, and left knee disabilities are all rated prior to April 28, 2021, but a TDIU is granted effective that date.

The Board has determined that the Veteran's low back degenerative joint disease is related to his service, and thus grants service connection for this condition.

The appeals for bilateral hearing loss, erectile dysfunction, and personality disorder have been dismissed as the Veteran withdrew his claims.,The appeals for increased ratings of right knee chondromalacia and right hand minimal motor and mild sensory loss have also been dismissed.

The Veteran's right and left lower extremity radiculopathy have been granted initial 10 percent ratings prior to April 9, 2018. Ratings in excess of 10 percent are denied for both lower extremities from April 9, 2018.

The Board has decided to remand the case due to failure to comply with a prior September 2019 Board remand. The Veteran's low back condition will need to be examined by an orthopedist again.

The Board has decided to remand the case due to a need for an updated vocational evaluation considering recent changes in the Veteran's disability picture and overall employment situation.