Back / lumbar spine decisions — 2021

The Board has remanded the issues of service connection for bilateral hearing loss, tinnitus, a back disability, hypertension, and bilateral hand numbness due to unresolved matters related to the character of discharge from the appellant's second period of service. The Board also ordered further development regarding the Office of Inspector General reports.

The Veteran's thoracolumbar muscle strain has been rated at 10 percent since January 16, 2014. The Board found that the disability does not warrant a higher rating during this period.

The Board has remanded the Veteran's claims for service connection for a back disability, sleep apnea, headaches, and hypertension due to lack of medical opinions addressing the etiology of these conditions.

The Board has determined that the Veteran's lumbar spine, back surgery scars, and neck disability claims require additional examinations to determine their severity and etiology. The cases are being remanded for these purposes.

The Board has remanded the cases of service connection for a lumbar spine disorder, hypertension, and entitlement to TDIU due to additional development being necessary.

The Veteran's initial ratings for left and right knee patellofemoral syndrome, migraine headaches, and spondylosis with thoracic and lumbosacral spine strain (back disability) have been denied. The appeal is now remanded for further development.

The Veteran's appeal for a rating in excess of 60 percent for his left knee injury, post/operative knee replacement is dismissed. Service connection claims for bilateral foot disorder, low back disorder, and right knee disorder are denied as the evidence does not support direct service connection.

The Board has granted service connection for sleep apnea, headaches, lumbar disc herniation and bilateral lower extremity radiculopathy, left knee patellofemoral pain syndrome with chondromalacia and meniscus tear, right knee patellofemoral pain syndrome with meniscus tear post-operative, and radiculopathy of the left and right lower extremities.

The Board has remanded the Veteran's claims for service connection due to incomplete record development and need for additional medical opinions. The issues include psychiatric disorders, migraine headaches, muscle spasms of the back and legs (separate from lumbar spine disability), neck disorder, and right ear hearing loss.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors in prior decisions.

The Board has decided to remand the case due to inadequate medical opinions and a need for further examination.

The Board denied the Veteran's requests for earlier effective dates for the awards of service connection for lumbar spine and left ankle disabilities, finding that the earliest possible effective dates have been granted.

The Board has determined that the Veteran's timely substantive appeals were received in response to the March 18, 2019 Statements of the Case. As a result, the appeal is granted for all issues listed.

The Board has determined that new and relevant evidence was submitted prior to the AOJ decision on appeal, warranting readjudication of the claim for service connection for a back disability. The AOJ is directed to schedule the Veteran for a VA examination to determine if his back disability is related to service or caused by his service-connected knee or ankle disabilities.

The Veteran's service-connected disabilities, including lumbar spondylolisthesis, adjustment disorder, left knee strain, tinnitus, and right elbow trauma, are found to render him unable to secure or follow substantially gainful employment.

The Veteran is seeking additional retroactive VA disability compensation benefits due to receipt of Concurrent Retirement and Disability Pay (CRDP) for the period from December 1, 2008 to June 30, 2012. The Board has remanded this case to determine if the Veteran received full amount of VA compensation benefits he was entitled to receive during that time.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU for the entire appeal period.

The Board found that the Veteran's lumbar spine disability did not begin during service and is not otherwise etiologically linked to his military service, thus denying his claim.

The Board has remanded the Veteran's claims for low back, right knee, and left knee disabilities due to insufficient evidence regarding combat service and their relationship to service. The Veteran is also being asked to provide information about his reported combat incidents.

The Board dismissed the Veteran's appeal because his request to reinstate withdrawn claims was untimely, and the appeals were effectively withdrawn on March 25, 2015.