Back / lumbar spine decisions — 2022

The Board has found that there has not been substantial compliance with the previous remand directives regarding these issues and another remand is required.

The Board has granted a 40 percent disability rating for the service-connected DDD of the lumbar spine from July 14, 2014. The appeal is remanded to determine if TDIU should be granted.

The Veteran's claim for a higher rating for chronic recurrent sinusitis has been denied as the evidence does not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.,The Veteran's claim for a higher rating for eustachian tube dysfunction with otitis media (ear condition) has been remanded as the evidence does not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.,The Veteran's claim for a higher rating for left knee degenerative joint disease with residual scars (knee condition) has been remanded as the evidence does not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.,The Veteran's claim for a higher rating for lumbar degenerative disc disease (back condition) has been remanded as the evidence does not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.,The Veteran's claim for a TDIU due to service-connected disability has been remanded as the evidence does not show that her service-connected disabilities have rendered her unable to work.

The Veteran's claims for diabetes mellitus, type II and lumbar spine disorder were denied as they are not shown to be causally related to service or service-connected conditions.,Service connection was also denied for peripheral neuropathy of the left and right lower extremities due to lack of a nexus between these conditions and service.

The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016.,The reduction in disability rating from 20 percent to 0 percent for right upper extremity radiculopathy was improper and the 20 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.,The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.,The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.

The Board denied service connection for cervical stenosis, degenerative disc disease, and facet disease because the evidence did not show a link between these conditions and the Veteran's active duty service.

The Veteran's claims for increased ratings were granted, with a separate 10 percent rating assigned for left lower extremity radiculopathy of the anterior crural nerve and right lower extremity radiculopathy of the anterior crural nerve. The lumbar spine degenerative disc disease was rated at 20 percent effective from February 25, 2020.

The Veteran's claims for increased ratings have been remanded due to insufficient evidence in some cases.

The Board has decided to remand the Veteran's claim for a back condition due to insufficient etiology opinions and potential need for new examination. The case will be returned for further development, including obtaining additional medical opinions.

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, left knee arthritis, right knee arthritis, right hip arthritis, and left hip arthritis. The evidence is in equipoise regarding whether these conditions are related to military service.

The Veteran's degenerative disc disease at L4-S1 was granted an increased rating of 20 percent prior to September 30, 2016. The right thigh muscle injury to muscle group XV and varicose veins of the left leg were each granted a compensable (10%) rating prior to December 12, 2018.

The Board has found that the Veteran's injuries during a fight in service were not due to willful misconduct, and thus he is eligible for VA compensation. The case is being remanded to obtain additional medical records and to schedule the Veteran for appropriate VA examinations to determine if his current disabilities are related to service.

The Board denied the Veteran's claim for service connection of a lumbar spine disorder, finding that there is no persuasive medical evidence or credible lay evidence to support the assertion that his current condition began during active service or is related to his service.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, cervical spine disorder, and lumbar spine disorder due to a lack of evidence linking these conditions to his military service.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, despite his reported symptoms and limitations.

The Board has decided to remand the cases for further review due to additional medical evidence being added to the claims file.

The Board has granted the reopening of a claim for service connection for a lumbar spine disability, but denied the claim itself due to lack of evidence linking it to service.

The Veteran's back condition is rated at 100% from January 22, 2020. The claim of entitlement to TDIU prior to October 18, 2019 and from January 22, 2020 is dismissed as moot.

The Board has remanded three issues related to increased ratings for radiculopathy associated with degenerative disc disease of the lumbar spine. The main reason is that there was not substantial compliance with previous remand directives regarding these issues, specifically concerning whether a finding of mild narrowing of the L4-5 disc space noted in x-rays and VA examinations was indicative of existing radiculopathy.

The Board has remanded the Veteran's claims of service connection for low back disability and bilateral hearing loss due to insufficient examination reports, lack of contemporaneous medical evidence, and need for further consideration.