Back / lumbar spine decisions — 2021

The Veteran's thoracic and lumbar muscle strain and spasm were rated at 40% effective May 9, 2013. Prior to that date, the disability was rated at 20%. The Board found a higher rating warranted for the period prior to May 9, 2013.

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

The Board has dismissed the appeals for service connection of various conditions due to the Veteran's death.

The Board has remanded the issue of TDIU prior to October 26, 2016 due to insufficient evidence in the record regarding whether the Veteran's service-connected disabilities rendered him unemployable.

The Board has granted service connection for spinal stenosis and degenerative disc disease, finding that new evidence supports reopening the claim. The case is remanded to obtain a medical opinion regarding whether these conditions are related to service.

The Veteran's chronic pain syndrome and left lower extremity lumbar radiculopathy are granted service connection. The right hip disorder and acquired psychiatric disorder are remanded for further development.

The Board has decided to remand the Veteran's claim for a back disability due to an error in obtaining a medical opinion regarding whether his current condition is related to service. The VA examiner did not provide a nexus opinion as to whether the Veteran's back disability was incurred during his military service or is otherwise related to his service.

The Veteran's death was not due to a service-connected disability, but his pending claim for back disability was sufficient to grant the nonservice-connected burial benefits.

The Veteran's back brace, which is a soft flexible material, was not certified to cause wear and tear on clothing. Therefore, the claim for an annual clothing allowance due to use of a back brace in 2019 is denied.

The Board has remanded the claims for service connection due to a pre-decisional duty to assist error. The Veteran's cervical and lumbar spine disabilities, as well as bilateral lower extremity radiculopathy, are being reviewed again.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine was granted an initial 20 percent disability rating from January 13, 2015 to August 19, 2020.

The Board has granted the Veteran's claims of service connection for left knee disorder, right knee disorder, and lumbar spine disorder. The decision is based on the Veteran's credible statements regarding in-service injuries and a private physician's opinion linking his current conditions to military service.

New evidence has been submitted supporting the Veteran's claims for service connection of low back, right knee, left third finger, and right fourth finger disabilities. These cases are remanded to determine if these conditions are related to service.

The Board has determined that the Veteran's upper back disability is etiologically related to his active service and grants entitlement to service connection.

The Board denied service connection for lumbar spine, cervical spine, and numbness of the hands disabilities due to lack of evidence linking these conditions to service or a service-connected disability.

The Board has referred the issues of service connection for various disabilities to the AOJ for adjudication. The AOJ must address these intertwined claims before determining whether the appellant can be considered a veteran.

The Veteran's claims for increased ratings for postoperative scar, lumbar spine and lumbar radiculopathy of the right and left lower extremities have been denied. The Board found that the Veteran's postoperative scar did not meet criteria for a compensable rating under Diagnostic Code 7805. For his lumbar radiculopathy, the Board determined that the evidence did not support ratings higher than 40 percent after January 28, 2021.

The Board has denied the Veteran's claim for service connection for a back condition, finding that there is no evidence to support a link between his current back disability and his military service.

The Veteran's claims for service connection for gout, PTSD, right knee disability, left knee disability, erectile dysfunction, and higher ratings for lumbar spine disability, radiculopathy of the lower extremities, and residuals of TBI have all been denied. The Board found that there was no evidence linking any current conditions to service.

The Veteran's claim for a higher rating for his degenerative disc and joint disease of the lumbar spine was denied as his disability did not meet or approximate the criteria for a rating in excess of 20 percent.