Back / lumbar spine decisions — 2021

The Board has remanded the case due to errors in considering evidence of continuous back problems since service and the lack of in-service treatment records. The Veteran's lay statements regarding his symptoms are now considered, along with VA treatment records from the 1990s.

The Veteran's service-connected back disability is rated at 40 percent prior to January 6, 2020. The Board found that the Veteran's range of motion was limited to 30 degrees or less for forward flexion of the thoracolumbar spine, which meets the criteria for a 40 percent rating.

The claims for service connection related to tinnitus, right knee condition, sleep deprivation, low back condition, heart condition, and stomach condition are being remanded due to the need for additional medical opinions and records.

The Board has remanded the cases for additional development due to the Veteran's passing in July 2020. The claims of service connection for a right hand disability, back disability, and ankle disability are currently pending.

The Veteran's claim for a disability rating of 40 percent prior to July 23, 2021 was granted.,The Veteran's claim for a disability rating in excess of 40 percent from July 23, 2021 was denied.

The Veteran's appeals for the reduction of his migraine headaches disability rating, reopening service connection claims for various conditions, and for service connection for certain lung issues have been withdrawn by his attorney.

The Veteran's service-connected lumbar spine DDD is granted a 40 percent rating, but no higher. The Veteran's service-connected left lower extremity radiculopathy with nerve impingement (LLE radiculopathy) is denied any increase in rating.

The Board has remanded the Veteran's claims for service connection due to incomplete development and need for additional examinations.

The Board has remanded the cases for a new VA examination to address the Veteran's claims of neck and back disabilities, as the previous opinions were based on insufficient consideration of the lay evidence.

The Veteran's claims for earlier effective dates are being remanded due to a new service department record that was not considered by the agency of original jurisdiction.

The Board has remanded the Veteran's claims for increased rating and service connection due to incomplete notification of VA examinations, and the need for further examination and review of evidence.

The Board has granted service connection for the Veteran's conditions and assigned an effective date of April 1, 1961.

The Board has granted service connection for the Veteran's back, right and left hip, and right and left knee disabilities. The claim for PTSD was denied.,A remand is required to address the Veteran's eye disability claims.

The Board has granted service connection for a low back disability, finding that the evidence is at least evenly balanced as to whether the Veteran's current low back disability was incurred during his period of active service.,Service connection for hearing loss remains pending and will be remanded for further development.

The Board denied service connection for multiple conditions, including TBI, dizziness and/or vertigo, diabetes mellitus, prostate hypertrophy, left shoulder disability, right hand disability, and left heel spur. The evidence did not support a finding of current disabilities or an in-service injury that could be linked to these conditions.,The Board found the preponderance of the evidence against service connection for TBI due to lack of credible reports of head injuries during service and no residuals documented post-service.

The Board has denied the Veteran's claim for service connection for low back disability and right leg sciatica, finding that there is no evidence to support a causal relationship between his service-connected disabilities and these conditions.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to March 19, 2016.

The Board has granted the Veteran's claim for service connection for lumbar spine arthritis, finding that there is a continuity of symptoms since service and no pre-existing condition. The disability was not shown to have been incurred in or aggravated by service.

The Board has denied the Veteran's claims for service connection for right wrist, lumbar spine, sleep impairment, and left sciatic nerve disabilities. The evidence does not support a finding that these conditions are related to his military service.

The Veteran's service connection claim for degenerative disc disease of the lumbar spine was granted. The claims for bilateral hearing loss and hypertension were denied, with the latter being remanded.