Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claim for service connection of degenerative disc disease of the lumbar spine due to a December 2006 vehicle incident in Iraq. The case must be returned for further development, including an examination and opinion regarding whether the condition is a congenital defect or preexisting injury.

The Board has remanded the Veteran's claims for hypertension and low back injury due to incomplete compliance with previous remand directives.,For hypertension, the Board found that there is no competent evidence of a nexus between service and the condition. The claim will be remanded again for an addendum medical opinion.

The Veteran's lumbar spine disability was rated at 40 percent from August 19, 2004, to June 14, 2011, for the purposes of accrued benefits.

The Board has remanded the Veteran's claims for service connection due to conflicting medical opinions and a need for further development. The issues include lower back, neck, and left knee disabilities.

The Veteran's back disability, including thoracic multilevel degenerative arthritis, kyphosis with levoscoliosis, lumbar spondylosis, bilateral thoracic neuritis (quiescent), and spinal fusion, is being remanded for further evaluation due to the need for a VA examination.

The Veteran's TDIU claim is denied as the evidence does not show he was unemployable at the time of the January 2020 rating decision.

The Board denied service connection for both a cervical spine disability and a lumbosacral spine disability, finding that the Veteran's current conditions are not related to his active military service.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection.,Service connection has also been granted for degenerative arthritis of the left knee with total knee replacement, right knee with total knee replacement, and lumbar spine.

The Board has granted service connection for degenerative joint disease with strain, lumbar spine and skin cancer. The Veteran's back disability is due to an in-service injury, while his skin cancer is related to exposure to nuclear warheads during service.

The Board has decided that the Veteran's left biceps femoris strain does not warrant a compensable disability rating, and his TDIU claim is denied. The lumbosacral strain with intervertebral disc syndrome and bilateral paravertebral muscular strain, as well as sciatica of the lower extremities, are remanded for further development.

The Board denied the appellant's claims for benefits under 38 U.S.C. § 1805 and 38 C.F.R. § 3.814 for a child born with spina bifida, as well as his claim under 38 U.S.C. § 1815 and 38 C.F.R. § 3.815 for a child born with birth defects, due to the absence of evidence that he had any form of spina bifida or that his mother was exposed to herbicide agents in Vietnam.

The Veteran's ratings for insomnia disorder, unspecified depressive disorder, and lumbar spine disability have been restored to their previous levels.

The Veteran's back condition is granted as service-connected.,The Veteran's left ankle condition is denied as not related to his active service.

The Veteran's appeal has been withdrawn, and all issues have been dismissed due to her request for the closure of her former attorney's appeal.

The Veteran's claims for earlier effective dates to establish service connection for thoracolumbar degenerative arthritis of the spine, right lower extremity radiculopathy, left lower extremity radiculopathy, and bilateral feet disabilities were denied as there was no CUE in the March 2007 rating decision.

The Board denied the Veteran's claims for service connection for a low back disability and arthritis of the lumbar spine with spina bifida occulta, finding that there was no evidence to support these conditions began during active service or were related to an in-service injury or disease.

The Board has granted service connection for the Veteran's disabilities of the cervical and thoracolumbar spine, finding that the evidence is at least in equipoise as to whether these conditions were incurred during service.

The Veteran's appeal for service connection of a lumbar spine disability has been dismissed due to their death.

The Veteran's claims for increased ratings and effective date issues related to his service-connected herniated disc, lumbar spine are being remanded due to the need for additional development of his medical records.,The Veteran's claim for an earlier effective date for his increased rating of 40 percent for service-connected herniated disc, lumbar spine is also being remanded as it is inextricably intertwined with the issue of a higher rating.,The Veteran's claims for increased ratings and initial ratings related to his degenerative disc disease, cervical spine are being remanded due to the need for additional development of his medical records.,The Veteran's claim for an increased rating for radiculopathy, middle radicular group, left upper extremity is being remanded as it requires additional development of his medical records.,The Veteran's claim for an increased rating for radiculopathy, sciatic nerve, left lower extremity is also being remanded due to the need for additional development of his medical records.

The Veteran's claim for service connection for lumbar spine disability was reopened, and granted. The claims for sleep disability, tinnitus, allergic rhinitis, and tension headaches were denied.,A 10% rating is assigned for the Veteran's allergic rhinitis.