Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claim for service connection for a lumbar spine disorder due to inadequate opinion regarding whether his current condition is related to active duty service. The case will be returned to the examiner for an addendum opinion addressing these issues.

The Board has determined that additional development is needed for the issues on appeal, including new VA examinations and opinions to address the Veteran's claimed conditions and their relationship to his military service.

The Veteran's back disability is rated at 40 percent from October 23, 1992 to November 23, 1992. The Board has granted a TDIU and remanded the issues of rating in excess of 10 percent for a back disability prior to October 23, 1992, and thereafter in excess of 40 percent; initial rating in excess of 20 percent for right lower extremity radiculopathy; and service connection for headaches.

The Board has denied service connection for a low back disorder due to lack of evidence showing the condition was present during or within one year after service.,Service connection is remanded for peripheral neuropathy of the left and right lower extremities, as these conditions are presumed to be related to herbicide exposure.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and conflicting reports of his symptoms. He is required to undergo new VA examinations to determine if his intestinal condition, including hemorrhoids, and back condition are related to his military service.

The Board has determined that the Veteran's low back, left foot, and right foot disabilities are not related to his military service. The claims for these conditions have been remanded for further evaluation.

The Veteran's service-connected disabilities rendered him unemployable from February 11, 2013. The Board found that TDIU on an extraschedular basis is warranted from February 11, 2013, but no earlier. The issue of a higher initial disability evaluation for lumbar strain resulting in multi-level spondylosis/lumbar disc disease prior to November 25, 2019, and in excess of 40 percent thereafter is remanded.

The Veteran's hypertension, right hip condition, left hip condition, obesity, migraine headaches, lumbar spine disability, and lower extremity radiculopathies have not been linked to service or a service-connected disability. As such, the claims for these conditions are denied.,The Veteran's bilateral lower extremities were evaluated separately in this decision.

The Board denied the Veteran's claims for service connection for a back condition and TDIU, finding that there was no evidence of an in-service injury or disease related to his current back condition. The Board also found that he did not meet the criteria for a TDIU as he had no service-connected disabilities.

The Veteran's claim for service connection for low back disability is being remanded due to the need for an adequate opinion regarding the etiology of his current lumbar spondylosis.,Service connection has been granted for cervical spine disability.

The Veteran's left lower extremity radiculopathy of the sciatic nerve is granted a disability rating of 40 percent, but no higher. The right lower and right lumbar radiculopathies are each rated at 10 percent.

The Board has decided to remand the case due to a duty-to-assist error, and will schedule the Veteran for a VA examination to determine if his lumbar spine disability is related to service.

The Veteran's lumbar spine disability is granted a 20 percent rating for the period prior to March 10, 2015 and a 20 percent rating since that date.,A 20 percent rating is granted for the Veteran's lumbar spine disability effective May 27, 2010.,Service connection for hypertension, left elbow disability, sleep disorder disability, and cervical spine disability are denied.,The Veteran's lumbar spine disability meets the criteria for a 20 percent rating since March 10, 2015.

The Board has restored a 40 percent disability rating for the Veteran's back disability, finding that the evidence does not support reducing it to 20 percent.

The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors. The issues of low back disability, migraine headaches, left knee disability, and right knee disability are all being reviewed again.

The Veteran's service-connected spine and incomplete paraplegia of the bilateral lower extremities result in actual loss of use of the lower extremities, meeting the criteria for financial assistance in purchasing an automobile or other conveyance.

The Board has withdrawn several issues from the Veteran's appeal, including those related to PTSD, IBS, lumbar degenerative disc disease and lumbar facet hypertrophy, obstructive sleep apnea, left ankle fracture with residual loose body, tendonitis and left foot talar osteochondral defect, right ankle osteochondral defect status post-surgical repair with history of strain. The Board has also remanded the Veteran's TDIU claim and his claims for service connection for blood clots of the left knee.

The Veteran's appeal for a compensable rating for chronic nose bleeds has been withdrawn. The claim of service connection for low back disability is reopened and granted. Issues regarding left knee and left ankle disabilities are remanded, as well as the TDIU issue.

The Veteran's appeal for service connection for a low back disorder has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of the claim as he passed away during the pendency of the appeal.

The Board has granted the Appellant's claim of service connection for cause of death, finding that her husband's service-connected back condition contributed to his death. The Veteran passed away due to a subdural hemorrhage resulting from a fall caused by his chronic disability.