Back / lumbar spine decisions — 2021

The Board has dismissed all the issues on appeal due to the death of the Veteran before a final decision could be made.

The Board has decided to remand the case for further development and evaluation of the Veteran's back disability, including considering his service-connected residual arthritis.

The Board has remanded the case for further medical inquiry into the claims for higher staged ratings for the lumbar spine disability and an effective date prior to July 1, 2015 for TDIU.

The Veteran's claim for service connection for irritable bowel syndrome is granted, while the claims for chronic fatigue syndrome, hearing loss, and back disability are remanded.

The Board has dismissed the service connection claims for various conditions due to the death of the appellant.

The Board has determined that further development is necessary before the claim can be adjudicated, and therefore, the case is being remanded for additional medical examination and evaluation.

The Board has granted service connection for cervical spine degenerative disc disease, bilateral upper extremity radiculopathy secondary to service-connected cervical spine DDD, and headaches.,Service connection is also granted for a temporomandibular joint (TMJ) disorder.

The Board has remanded the Veteran's claims for special monthly compensation (SMC) based on need for aid and attendance, and a total disability rating based on individual unemployability (TDIU), due to service-connected disabilities prior to January 22, 2019. The issues are being remanded for further development including obtaining additional medical opinions.

The Veteran's appeal is being remanded due to the need for new VA examinations and consideration of his increased severity claims. The issues include ratings for chronic sinusitis, rhinitis, sleep apnea, lumbar strain and discogenic disease, lower extremity radiculopathy, left knee meniscectomy residuals with degenerative joint disease (DJD), left knee instability, and TDIU.

The Veteran's neck and low back disabilities are granted as service-connected, with the Board finding that there is at least a 50% likelihood that these conditions were caused by his military service.

The Veteran's neck disability did not result in ankylosis or intervertebral disc syndrome (IVDS) prior to April 19, 2017 despite pain and weakness during repeated use. The rating for the condition remains at 20 percent.

The Veteran's initial disability rating for his psychiatric disorder was increased to 70 percent, effective November 15, 2010.,The Veteran's initial disability ratings for his left and right wrist disabilities were both increased to 10 percent, effective November 15, 2010. The case is now REMANDED due to the need for additional examinations.

The Board has remanded the claims for an evaluation of the lumbar spine disability and radiculopathy, as well as a TDIU claim due to inadequate medical opinions from previous examinations. The Veteran's service-connected conditions are being reviewed with a focus on their severity prior to November 2019.

The Veteran's service-connected conditions do not preclude him from securing or following a substantially gainful occupation, and thus his claim for TDIU is denied.

The Veteran's back disability is being remanded for further evaluation and treatment records to determine the current severity of his condition.

The Board denied a rating in excess of 40 percent for the Veteran's service-connected lumbar spine disability from March 21, 2019 due to lack of evidence showing unfavorable ankylosis or other functional impairment that would warrant such a higher rating.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine with herniated nucleus pulposus, and bilateral lower extremity radiculopathy are being remanded due to insufficient evidence in his claims file.

The Veteran's lumbar spine disability and associated radiculopathy are currently rated based on their underlying conditions, but a remand is required to determine if the Veteran's functional limitations due to flare-ups or repetitive use warrant separate ratings for each nerve involved.

The Veteran's appeals for increased ratings for his knee and lumbar spine disabilities were denied. The claims for service connection for an acquired psychiatric disorder, hypertension, gout, a left shoulder disability, and a heart disability (claimed as triple bypass-heart with defibrillator/pacemaker) have been dismissed due to withdrawal of appeal.

The Veteran's appeals for service connection were dismissed due to his death.