Back / lumbar spine Board decisions

The Veteran was granted a TDIU from October 4, 2005 through April 18, 2007 due to his service-connected disabilities.

The Board has determined that the Veteran's claims for service connection for bilateral shoulder arthritis, lumbar spine arthritis, cervical spine arthritis, right knee arthritis, and bilateral hearing loss are remanded due to new evidence received after the April 2016 rating decision. The Veteran reported incidents of falling from aircraft during service which may be related to his current disabilities.

The Veteran's left ear hearing loss is granted service connection due to in-service noise exposure. Service connection for cervical spine, left wrist, and lumbar spine disabilities are denied as there is no credible evidence of such injuries during service or within one year thereafter.

The Veteran's lower back disorder is rated at 30 percent effective January 5, 2021. Service connection for a secondary major depressive disorder due to his service-connected lower back disorder and BLE radiculopathy is granted.

The Board has remanded the Veteran's claims for service connection for right hip disability, left hip disability, and low back disability. The TDIU claim is also remanded as it is intertwined with the increased rating claim for PTSD.

The Veteran's claim for increased ratings for his lumbar spine disorder was denied. Prior to July 29, 2019, the rating remained at 20 percent due to limited flexion of less than 60 degrees. From July 29, 2019, the rating was reduced to 40 percent based on further limited flexion.

The Board has granted service connection for the Veteran's back condition, finding that it is at least as likely as not related to an in-service injury during his military service.

The Veteran's appeal for a rating in excess of 10 percent for lumbar degenerative arthritis was denied, while the appeal for a 20 percent rating, but no more, for cervical degenerative arthritis and disc disease was granted.

The Board denied the Veteran's claim of service connection for a back disorder, finding that his current condition is not related to his military service.

The Board has dismissed the appeals of the Veteran's claims for service connection due to his death.

The Veteran's initial 40 percent rating for low back disability prior to November 27, 2019 is granted. A higher rating of over 40 percent for the low back disability since that date is denied.

The Board has found that additional development is needed for the issues on appeal, including obtaining outstanding records and scheduling VA examinations. The Veteran's service-connected conditions of sinusitis, major depressive disorder, chondromalacia patella, right knee, and chronic lumbosacral strain/sprain are still under review.

The Board has reopened the Veteran's claims for service connection for a respiratory disability, low back disability, right elbow scar, tinea pedis with tinea cruris, and duodenal ulcer. However, due to additional development needed, these claims are being remanded.

The Board denied the Veteran's claims for service connection for right knee, left knee, disability of the spine (including lumbar and cervical spines), residuals of pneumonia, and chronic joint pain associated with pneumonia.,There is no evidence linking any of these conditions to active service.

The Veteran's claim for service connection for kidney cyst has been reopened, but the evidence does not establish a current disability or link to service. The claims of service connection for pulmonary tuberculosis and back disability are denied as new and material evidence was not received. Service connection for peripheral neuropathy is also denied.

The Board has remanded the case due to inadequate VA examinations and failure to properly consider the Veteran's claim under 38 C.F.R. § 3.303(b). The Court agreed with the Veteran that the examiner did not account for his lay statements of continuous back pain since service.

The Veteran has withdrawn his appeals for the remaining issues, including service connection and rating claims related to sleep apnea, cervical spine disability, lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's depressive disorder is rated at 70 percent, but no higher. The Veteran's lumbar spine intervertebral disc syndrome is rated at 40 percent from January 30, 2020 and denied for prior to that date. The Veteran's left lower extremity radiculopathy is rated at 20 percent. The Veteran's patellofemoral syndrome of the left knee is denied.

The Veteran's claim for an increased rating in excess of 10 percent for his back disability prior to October 5, 2012, is denied as the evidence does not show a worsening condition commensurate with the criteria for a higher rating. For the period from October 5, 2012, to September 2020, the Veteran's claim for an increased rating in excess of 20 percent is also denied due to lack of evidence showing a worsening condition that would warrant such a rating.

The Veteran's claims for service connection for lumbosacral strain with degenerative disc disease and right knee osteoarthritis were granted. The claims for hypertension and diabetes were denied.