Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for service connection due to incomplete development regarding his exposure to hazardous substances at Fort McClellan, Alabama. The claims will be further developed and readjudicated.

The Veteran's claim for a higher disability evaluation for degenerative joint and disc disease was denied. The Board found that the Veteran met the criteria for a 20 percent disability evaluation from November 30, 2009 to July 28, 2021, but not for a rating in excess of 40 percent since July 28, 2021.

The Board has denied service connection for a lower back disorder, finding that the Veteran's current degenerative arthritis of the spine is not related to his active military service.

The Board has determined that the Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, thus denying his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's appeal for an increased rating of his service-connected degenerative facet joint disease, lumbosacral spine and L5-S1 was dismissed as the authorized representative withdrew the appeal prior to a decision being made.

The appeal seeking to reopen claims for low back condition, head and seizure disorder, and left leg condition is granted. The appeals seeking service connection for acquired psychiatric condition, low back condition, and head and seizure disorder are remanded.

The Veteran's low back disability is granted a 40 percent rating from April 4, 2016 to September 18, 2018. Ratings for right and left lower extremity radiculopathy are denied. TDIU is granted as of April 4, 2016.

The Veteran's hepatitis C and lumbar spine degenerative disc disease and degenerative joint disease are granted as service connected. The Veteran's PTSD is granted but the rating for PTSD remains at 50 percent.

The Board has remanded the claim of service connection for a low back disorder due to disagreement with the April 2019 decision denying it on the merits. The Veteran's attorney argued that the July 2020 medical opinion was not adequate, and requested an examination from a qualified doctor specializing in orthopedic spine diseases and injuries.

The Veteran's bilateral hearing loss and tinnitus were not shown to be related to service, as there is no evidence of chronic symptoms during or immediately after service. The Board finds that the current bilateral hearing loss and tinnitus are less likely caused by in-service noise exposure.,The Veteran's degenerative changes of the right shoulder had onset in service and has been continuously present since then.

The Veteran's appeal for a rating greater than 30 percent for PTSD prior to February 10, 2016 was denied. The Board found that the Veteran did not show occupational and social impairment warranting such a higher rating during this period.,The appeals for service connection for low back disorder, migraine headaches, and chest pains radiating to left arm were also REMANDED as additional development is required.

The Board has remanded the issues of service connection for right shoulder, left elbow, and right hand disabilities due to insufficient development in prior examinations.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional VA examinations and treatment records.

The Veteran's lumbar spine disability is rated at 60 percent, effective from the date of this decision. The right lower extremity radiculopathy and hip limitations are not rated higher.

The Board has remanded the claims for service connection for a back disability, hypertension, and bruxism due to incomplete records from the Veteran's period of active duty with the Alabama National Guard (ANG).

The Veteran's service-connected conditions, including diabetes mellitus and peripheral neuropathy, rendered him in need of regular aid and attendance as of June 5, 2018. His effective date for SMC based on this condition is now confirmed.

The Board has determined that the Veteran's low back disability is at least as likely as not related to his in-service injuries, and thus service connection for a low back disability is granted.

The Board has determined that the Veteran's claims for service connection are remanded due to a failure to provide an adequate examination and consideration of her contentions regarding secondary service connection.

The Board has denied the Veteran's claims for service connection for degenerative joint disease, arthritis, of the right wrist/hand with advanced collapse of the scapholunate (slack wrist), and chronic disability of the lower back, lumbar spine, multilevel disc disease with spondylolisthesis. The evidence does not establish a nexus between these conditions and service.

The Veteran's service connection claims for bilateral hearing loss, right and left knee disabilities, hypertension, degenerative joint disease of the lumbar spine, and shrapnel wound scarring of the lumbar spine are being remanded due to incomplete or insufficient medical opinions. The VA will obtain additional examinations and opinions as needed.