Back / lumbar spine decisions — 2021

The Veteran's lumbar spine disability is rated at a 20 percent rating from March 23, 2015 to May 20, 2019 and from November 12, 2019 to May 24, 2021. A higher rating is not warranted for any period.

The Board has remanded the case for further development and readjudication due to potential eligibility for SMC under certain criteria. The Veteran's service-connected disabilities are being evaluated in detail.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's lower back disorder was aggravated by service-connected neuropathy.

The Veteran's claim for an increased rating for his low back disability is denied. The claims of service connection for bilateral upper extremity radiculopathy and for an increased rating for right lower extremity radiculopathy are remanded.

The Board denied service connection for degenerative disc disease, claimed as back condition and sacroilitis, finding that the Veteran's current back disorder did not originate in service or within a year of discharge from service. The Board concluded there was no nexus between the Veteran's active duty service and his current back disorder due to the lack of a longitudinal trend of subjective complaints and objective findings.

The Veteran's appeals for service connection and ratings for various disabilities have been dismissed as the Veteran requested to withdraw his appeals.

The Board has denied the Veteran's claim for service connection for a back disorder, finding that it is not shown to be causally or etiologically related to any disease, injury, or incident during service and arthritis did not manifest within one year of separation from active duty.

The Board has remanded the claims for service connection for bilateral hearing loss, left knee disability, right knee disability, and low back condition due to inadequate medical opinions in previous VA examinations.

The Veteran's lumbar spine disability is rated at 40 percent prior to August 18, 2015 and his left knee chondromalacia is rated at 30 percent from August 8, 2016. Both issues are being remanded for further development.,The Veteran's lumbar spine disability was found to have functional impairment equivalent to favorable ankylosis of the thoracolumbar spine prior to August 18, 2015 and his left knee chondromalacia is rated at 40 percent from August 8, 2016 due to severe instability.

The Board has determined that further development is needed for the Veteran's claims of service connection for a back disorder, bilateral shoulder disorder, and headache disorder. The case will be remanded to obtain additional medical opinions regarding these issues.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied. The Board found that the evidence did not support an increased rating beyond 20 percent prior to June 21, 2021 and 40 percent thereafter.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for his low back disability prior to June 27, 2019 and from June 27, 2019 onward due to the need for additional development.

The appeal to reopen the claim for service connection for heat stroke is granted. The Veteran's low back disability is rated at 40 percent, but the Board finds remand necessary due to new evidence of ongoing symptoms and requests a new VA examination.

The Board has dismissed appeals for ratings in excess of 20 percent, 10 percent, and 10 percent for degenerative disc disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS), radiculopathy of the left lower extremity (LLE), and radiculopathy of the right lower extremity (RLE) respectively.

The Veteran's claim for a higher rating for his lumbar degenerative disc disease and claims for TDIU and SMC were all denied by the Board.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions and need for further development.

The Board has dismissed all service connection claims for various conditions, including neck and back issues, peripheral neuropathies, and traumatic brain injury. The Veteran's death during the appeal process means that no further action can be taken on these claims.

The Veteran's appeal for service connection for a non-organic sleep disorder is dismissed.,Issues of service connection for allergic rhinitis, OSA, TBI, headaches, Meniere's disease, bilateral plantar fasciitis (to include as secondary to service-connected lumbar spine disability), and erectile dysfunction (to include as secondary to service-connected hypertension) are remanded.

The Veteran's left hip disability is rated at 10 percent for limited extension, and a separate 10 percent rating has been granted for the entire period on appeal.,For his low back disability, he received a 20 percent rating prior to November 13, 2012, and was denied ratings in excess of 20 percent from that date forward.

Service connection for a right leg disability is granted.,Service connection for hypertension is reopened and granted.