Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for service connection for right hip, left hip, and lumbar spine disabilities due to inadequate medical opinions in the VA examinations. The Veteran is asked to provide information about his treatment from non-VA providers and any available VA records.

The Board has granted effective dates of September 1, 1992 for service connection of back disability and right foot disability. The claims for increased ratings are remanded due to the need for additional evidence.

The Veteran's bilateral knee and back braces, prescribed for service-connected disabilities, tend to wear out or tear his clothing. The Board has granted the Veteran's claims for a clothing allowance in calendar year 2016 for both the bilateral knee brace and the back brace.

The Board denied service connection for low back, left hip, right hip, left ankle, and right ankle disorders as secondary to service-connected bilateral knee and foot disabilities due to lack of evidence showing continuity of symptoms or direct service connection.

The Veteran's claims for increased ratings were denied. The rating for cervical strain was denied prior to January 18, 2021 and since that date. The rating for degenerative disc disease of the lumbosacral spine was denied prior to January 18, 2021.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to insufficient evidence in the file regarding the cause of the Veteran's complications from the February 2015 surgery, including a dural tear and damage to the thecal sac.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent effective October 23, 2009 and 40 percent effective April 12, 2019. The Board has remanded these issues for further development.

The Veteran's claim for a higher rating for his depressive disorder with anxious distress was granted, and he is now receiving a 70 percent disability rating. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.

The Veteran's application for total disability based on individual unemployability (TDIU) was granted effective August 1, 2016. The Board denied an earlier effective date prior to this date.

The Board has remanded the case for further action on issues related to lumbar spine degenerative disc disease and SMC based on the need for aid and attendance. The initial compensable ratings for right and left lower extremity scars remain denied.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment since at least February 8, 2018. An effective date of February 8, 2018 is assigned for the award of a total disability rating based on individual unemployability due to service-connected disability.

The Veteran's claims for service connection for lower back disability, bilateral hip disability, and asthma have been denied as new evidence does not support reopening the claims.,No new or relevant evidence has been received to reopen any of the Veteran's service connection claims.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine with DDD and IVDS, bilateral lower extremity radiculopathy of the sciatic nerve, and bilateral lower extremity radiculopathy of the femoral nerve, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to TDIU based on these service-connected disabilities.

The Board has determined that the Veteran meets the criteria for VR&E benefits, other than employment services, to include training in pursuit of a career as an attorney. The decision is based on the Veteran's service-connected disabilities and his vocational goal.

The Board has remanded the Veteran's claims for service connection due to outstanding treatment records and inadequate medical opinions. The claims will be addressed again with additional development.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current thoracolumbar spine disorder is related to service. The claim will be reviewed with additional medical opinions.

The Board has granted service connection for an acquired psychiatric disorder, migraine headaches, and denied service connection for back, neck, right knee, and left knee disabilities. The case is remanded to obtain a VA examination for hypertension.

The Veteran's claim for a higher disability rating for his lumbar spine disability is remanded due to the need for updated VA treatment records and an examination.

The Board has found that the Veteran does not have gastroenteritis that was incurred in or due to his time in service. The claims for increased ratings and TDIU are remanded as updated examinations are needed.

The Veteran's service-connected conditions have been denied, with the exception of a low back disability which has been granted. The remaining issues related to right thumb, index finger, great toe and foot condition, and dermatitis were not supported by evidence.