Back / lumbar spine decisions — 2021

The Board denied service connection for lumbosacral strain and acquired psychiatric disorder, finding that the evidence did not support a causal relationship to service.

The Veteran's lumbar spine disability was rated at 10% prior to October 26, 2019 and at 20% since then. The Board has remanded the case for further development.

The Veteran's postgastrectomy syndrome is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted.,The Veteran's thoracic spine strain (low back condition) is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's lumbar spine disability was denied a higher rating prior to January 8, 2014. The right knee scar was also denied an initial compensable rating.,Prior to January 8, 2014, the Veteran's lumbar spine disability did not meet the criteria for a higher than 20 percent rating due to limited flexion. As of January 8, 2014, his disability warranted a 40 percent rating based on pain and functional loss.

The Veteran's appeals for service connection of low back disorder, left elbow disorder, and right knee disorder have been dismissed as the appeal has been withdrawn.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, residuals of calcaneus stress fracture, left foot, ED, hypogeusia (loss of smell), lumbar L-5 spondylolysis, and sciatic radicular pain, RLE.,The issues of entitlement to service connection for ED, including as due to service-connected disability; hypogeusia (loss of smell); lumbar L-5 spondylolysis; and sciatic radicular pain, RLE are remanded.

The Board has dismissed all service connection claims for various disabilities, including elbow, cervical spine, thoracic spine, wrist, hip, knee, bronchitis, and lumbar spine disabilities.

The Board has determined that additional development is needed for several claims, including the restoration of a left knee rating, increased ratings for right-hand fingers, and service connection for additional lumbar spine disabilities. The issues are remanded as they are inextricably intertwined with these other claims.

The Board has remanded the case for referral to the Director of Compensation Service for extraschedular consideration due to the Veteran's service-connected disabilities substantially impairing his ability to work.

The Board has remanded the Veteran's claims of service connection for right knee disorder, left knee disorder, and lumbar spine disorder due to insufficient evidence in the record.

The Board has remanded multiple service connection claims due to insufficient evidence or conflicting opinions, including arthritis, back disorder, cervical spine disorder, neurological disorder of the right upper extremity, hypertension, bilateral hearing loss, residuals of a heat stroke, and headaches.

The Board has determined that the Veteran's low back and right knee disabilities are service-connected, with no specific date provided.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there was no evidence of a disease or injury in service and insufficient medical opinion to establish a nexus between current disability and service.

The Board has remanded the issue of service connection for a low back disability due to conflicting opinions and need for further clarification. The Veteran contends his current low back pain began shortly after he underwent prostate cancer treatment, which is already service-connected.

The Board has determined that the VA's remand instructions were not followed and thus, the claims for service connection of right shoulder disability, right knee disability, left knee disability, and back disability are being returned to the agency of original jurisdiction (AOJ) for further development.

Your appeal has been dismissed due to the Veteran's death. The Board does not have jurisdiction to proceed with your claims as they are no longer valid.

The Board has denied reopening of the claim for service connection for a back disability and granted a 30% rating for residuals of frostbite injury of the right foot. The claims for increased ratings for left ear hearing loss and residuals of frostbite injury of the left foot are remanded.

The Veteran's lumbar spine and cervical spine disabilities are being remanded for further development. Other service connection claims related to the left shoulder, eye disorders, and joint swelling are also being remanded.

The case is being remanded due to the Veteran not receiving proper notice of scheduled VA examinations for his upper back disorder and right knee strain. He will be provided with a new opportunity to appoint a representative if he chooses, and all relevant VA treatment records since April 2020 will be obtained.

The Veteran's TDIU claim was denied because his employment as an assistant manager at a car wash is considered substantially gainful, and he has not provided further clarification of his employment status.