Back / lumbar spine Board decisions

The Board has remanded the claims for service connection for right and left shoulder disabilities, as well as a back disability. The claims are now pending again with new evidence required.

The Board denied the Veteran's claims for service connection for lumbar and cervical disabilities, finding that there was no evidence of a chronic disability related to her active service. The Board also found that she did not meet the criteria for TDIU.

Service connection for PTSD and memory loss (claimed as dysthymic disorder) is denied.,Service connection for acquired psychiatric disorders other than PTSD, including dysthymic disorder and depression, and residuals of a TBI are remanded for further development.

The appeal on the issues of entitlement to service connection for various conditions has been dismissed due to the death of the appellant.

The Veteran's lumbar-spine disorder, right-knee disorder, and left-knee disorder have been evaluated as 10% prior to September 28, 2020 and 20% thereafter. The claims for increased evaluations are denied.,Increased evaluations for the Veteran's right-knee disorder and left-knee disorder were not granted due to lack of evidence showing flexion limited to less than 45 degrees or more severe conditions.

The Board has determined that the Veteran's current degenerative disc disease of the spine is related to his active duty service, granting his claim for service connection.

The Board has granted service connection for left wrist tendonitis and pain, but remanded the cases of lumbar degenerative disc disease and intervertebral disc syndrome and allergic rhinitis due to lack of nexus between current conditions and service.

The Veteran's back disability is rated at 40 percent prior to February 6, 2015 and granted a rating of 40 percent thereafter. The Board finds that the Veteran’s back disability more nearly approximates the criteria for a 40 percent rating throughout the appeal period.

The Veteran's claims for a higher rating for his back disability and TDIU are remanded due to the need for additional VA examinations and consideration of new evidence.

The Board denied service connection for left knee condition, right knee condition, neck disorder, and low back disorder due to the lack of evidence showing that these conditions began during active service or are otherwise related to an in-service injury or disease.

The Board has dismissed the appeals for Right Thumb and Forefinger Disability, Right Toe Disability, and Sinusitis. The appeal for Tinnitus is granted. The appeal for Back Disability remains pending.

The Veteran's lumbosacral spondylosis without myelopathy was evaluated at a 20 percent rating, but the Board found that his condition did not meet or approximate the criteria for a higher evaluation due to lack of forward flexion of the thoracolumbar spine meeting the requirements for a higher rating.

The Veteran's appeal for service connection on multiple issues has been dismissed due to the withdrawal of her appeal by her authorized representative.

The case is remanded due to inadequate VA examination reports and the need for an addendum opinion regarding loss of motion due to pain. The TDIU issue may also be affected by the increased rating claim.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate examinations, including failure to account for flare-ups. The effective date of TDIU is also on appeal.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation since May 28, 1999. The appeal for an increased rating is dismissed as the Veteran has requested to withdraw his pending appeal.

The Veteran's lumbar spine disability is rated at 40 percent prior to September 12, 2020 and granted a 50 percent rating from that date forward. The decision does not address service connection theory or exposure basis.

The reduction of the disability rating for degenerative arthritis of the spine with lumbar spinal stenosis and IVDS from 40 percent to 20 percent was improper, and restoration of the 40 percent rating is warranted as of February 1, 2019. The claim for a higher rating remains on appeal.

The Board has remanded the claims for service connection for a low back disorder and diabetes mellitus, type II to include as secondary to a service-connected disability due to incomplete records. The Veteran's claim for alcoholism is no longer before the Board.

The Board has determined that further development is needed before the claims for increased ratings on appeal can be adjudicated. The Veteran's lumbar spine and cervical strain disabilities are being remanded for new VA examinations to assess their current severity.