Back / lumbar spine decisions — 2021

The Veteran's lumbar spine and respiratory disabilities are granted as service connected, with the Board finding that these conditions began during his active service.

The Board has remanded the claims for service connection for an upper back/cervical spine condition, a rating in excess of 10 percent for a low back disability, and TDIU due to unemployability. The Veteran's statements regarding his in-service injury are found credible, and there is evidence that his current conditions may be related to his service-connected disabilities.

The Veteran's claims for a rating in excess of 20 percent for cervical degenerative disc disease and TDIU are being remanded due to the need for additional examinations and evaluations.

The Board denied the Veteran's claim for service connection of a back disorder, finding that there is no medical evidence linking his current condition to his military service.

The Board has remanded the issues of service connection for multiple joint arthritis, cervical spine disability, lumbar spine disability, bilateral shoulder and knee disabilities, bilateral ankle and foot disabilities, cardiac disability (including heart palpitations), and diabetes mellitus due to insufficient evidence.,Further examination is needed to determine if the Veteran currently has these conditions.

The Board has remanded the case due to the need for additional development, including a new VA examination.

The Board has denied service connection for neurobehavioral effects due to lack of current disability and the Veteran's service-connected seizure disorder. The Board also found that there is no evidence linking a chronic lumbar spine disorder to service, including an in-service injury with a pugil stick.

The Veteran's lumbosacral strain with degenerative disc disease of the lumbar spine was granted a 40 percent rating, but no higher, from August 1, 2005 through December 2, 2008. The TDIU claim for this period was denied.

The Board has restored the Veteran's compensation benefits for lumbar spinal stenosis, as the original grant was not based on fraud and there is no evidence that the Veteran did not have the requisite service.

The Board has decided to remand the case due to a lack of compliance with previous instructions regarding range of motion testing. The Veteran's disability rating for his service-connected thoracolumbar spine condition is being reviewed.

The Veteran's claims for TDIU and SMC were previously remanded by the Board, but have been returned to the Board due to a Court Joint Motion for Remand (JMR).,For the period prior to July 21, 2009, the Veteran was not found unemployable based on his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability, skin disability, and headaches due to incomplete medical records and lack of adequate opinions. The TDIU claim is also being remanded.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation from October 21, 2013. The Board finds that TDIU is warranted for the Veteran's service-connected disabilities prior to August 31, 2021.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine, depressive disorder, and bilateral hearing loss were denied as new and material evidence was not received to reopen these claims. The Board found that the current disabilities did not have their onset during service or are otherwise related to active duty service.

The Board has determined that the Veteran's claims for service connection related to left foot, ankle, knee, and back disabilities are remanded due to a duty to assist error. The Veteran is not required to have an underlying diagnosis of arthritis or other specific condition; pain alone can constitute a disability under VA law if it results in functional impairment.

The Veteran's cervical spine disability is rated at 10 percent, effective January 2, 2018. The claim for an increased rating in excess of 10 percent remains denied.,Right upper extremity radiculopathy associated with cervical spine disability was not granted a separate rating as the evidence did not support such a finding.,The Veteran's chronic strain of the thoracic and lumbosacral spine with degenerative arthritis and deformity of coccyx is rated at 20 percent, effective January 24, 2017 to December 10, 2019. The claim for an increased rating in excess of 20 percent remains denied.,The Veteran's low back disability was rated at 20 percent from December 11, 2019 onwards. The claim for an increased rating in excess of 20 percent remains denied.,Right lower extremity radiculopathy associated with chronic strain of the thoracic and lumbosacral spine was not granted a separate rating as the evidence did not support such a finding.

The Veteran's service connection claims for degenerative disc disease cervical spine, degenerative disc disease thoracolumbar spine, sciatica (right and left lower extremities), and herniated cervical disc have all been granted. The conditions are found to be related to service.

The Veteran's appeal for service connection for a respiratory disorder has been withdrawn. The Board has remanded the claims for service connection for bilateral hip disorder, thoracolumbar spine disorder, rhabdomyolysis, and tinnitus.

The Board has determined that more development is necessary for the Veteran's claims of entitlement to an increased rating for coccydynia and service connection for a low back disability, as secondary to his service-connected coccydynia. The Veteran will be scheduled for VA examinations to address these issues.

The Veteran's lumbar spine disability is granted service connection. The issues of right hip limitation of extension and flexion, as well as the right thigh impairment are all granted initial ratings.