Back / lumbar spine decisions — 2021

The Veteran's earlier effective date for service connection of degenerative disc disease and stenosis of the lumbosacral spine is granted as November 26, 2002. The claim for an earlier effective date for TDIU remains denied.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection of his bilateral knee and lower back disabilities. The case will be remanded for further development.

The Board has remanded the Veteran's claims for service connection for lower back condition, neurological problems, foreign accent syndrome, and eye condition (blindness) due to inadequate examinations and lack of a nexus opinion.

The Board has remanded the case due to non-compliance with previous directives and needs further examination of the Veteran's thoracolumbar spine condition.

The Veteran's back disability, diagnosed as degenerative disc disease of the lumbar spine, had its onset during his period of military service and is therefore granted service connection.

The Board has remanded the case due to ambiguity in the Veteran's work history and earnings, requiring further development to clarify these matters.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and personnel records, as well as private treatment records. The issues of entitlement to service connection for lumbar spine disability and cervical spine disability are being remanded.

The Board denied the Veteran's requests for earlier effective dates for service connection of her thoracolumbar spine and bilateral lower extremity radiculopathy disabilities, finding that no communication prior to July 13, 2015 could be reasonably construed as a claim to reopen.

The Board dismissed all compensation claims under 38 U.S.C. � 1151 for various disabilities due to VA medical treatment and surgery on April 12, 2010, and May 2010.

The Veteran's claim for service connection for tinnitus is denied as the evidence does not support a finding that her tinnitus began during active service or is otherwise related to an in-service injury.,An earlier effective date of December 13, 2013, but no earlier, has been granted for the grant of service connection for right ankle tendonitis. The Veteran's informal claim was received on December 13, 2013.,The Veteran is entitled to a 10 percent rating from December 13, 2013, for bilateral tendonitis. However, an increased rating in excess of 10 percent is remanded due to the need for a new VA examination.,Service connection for a low back condition (DDD L4-5) is remanded as the February 2015 VA examiner could not provide a medical opinion without imaging testing and additional review of records. The examiner will be asked to address whether the Veteran's scoliosis, diagnosed in service, was congenital.,The Veteran's claim for service connection for an acquired psychiatric disorder is remanded as there are insufficient records available for evaluation.

The Board has remanded the claims of service connection for a low back disability and an acquired psychiatric disability due to the submission of new evidence that is relevant to these issues.

The Board has decided to remand the claim for service connection of a low back disability due to additional development being warranted.

The Veteran's claim for service connection for headaches was denied. The Board found no current diagnosis of headaches and the Veteran is not competent to attest to such a diagnosis. His cervical spine disability does not cause him to experience headaches, as evidenced by his treatment records.

The Veteran's electric wheelchair, prescribed for his service-connected spinal condition, is found to cause wear and tear on his clothing. The Board grants an annual clothing allowance for the year 2021.

The Veteran's appeal of TDIU and DEA under 38 U.S.C. chapter 35 prior to June 25, 2007 is remanded due to procedural errors in the AOJ's decision.

The Veteran's claims for service connection for a back disability and right knee disability are remanded due to insufficient medical evidence on file. An examination is needed to determine the nature and etiology of these disabilities, including whether they are related to service or secondary to other service-connected conditions.

The Veteran's increased rating claim for his service-connected lumbosacral strain is remanded due to the need for a VA examination to assess the current severity of his disability.

The Board denied service connection for the Veteran's neck disability, finding that it is not related to his service or secondary to his service-connected right hip disability.

The Veteran's service-connected disabilities, including depressive disorder, chronic low back strain with invertebral disc syndrome, left lower extremity radiculopathy, right lower extremity radiculopathy, tinnitus, and left ear hearing loss, have rendered him unable to secure or follow a substantially gainful occupation since January 11, 2013.

The Veteran's claims for an increased rating for his lower back disability and TDIU have been remanded due to the need for additional development, including a VA examination during flare-ups of symptoms.