Back / lumbar spine decisions — 2021

The Board has reopened the Veteran's claim for service connection of a right ankle disability and granted service connection for left knee and low back disabilities as secondary to his service-connected left ankle sprain. The remaining issues are remanded.

The Board has remanded the case due to inadequate consideration of the Veteran's reports of intermittent low back pain since service.

The Board has granted service connection for low back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and chronic kidney disease. Bilateral hearing loss is remanded.

The Veteran's claim for PTSD was reopened, and he is now service-connected for lumbosacral strain, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, left hip condition, and right hip condition. His increased rating claims were denied.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's low back disability, including lack of service treatment records and a need for a VA examination.

The Board has remanded the case for further development, including obtaining missing private treatment records and a VA examination to assess the current severity of the Veteran's service-connected lumbar spine strain and radiculopathy.

The Board has reopened the Veteran's previously denied claims for low back, bilateral ankle, and bilateral foot disabilities. However, these claims are still being remanded as new opinions are needed to determine if there is a relationship between his current conditions and service.

The Board has remanded the Veteran's claims for increased ratings for his left and right knee disabilities, as well as his lumbosacral strain. The issues of entitlement to increased ratings for these conditions are now pending before VA.

The Board has dismissed the appeals for service connection of various spinal and extremity disabilities due to the Veteran's death.

The Veteran's hypertension is granted as service connected due to herbicide exposure in Vietnam. The issues of reopening and granting service connection for tinnitus, erectile dysfunction, lumbar spine disability, asthma, and sinus disability are remanded.

The Veteran's claim for a TDIU from November 1, 2014 to March 2, 2016 is dismissed as moot because he is already receiving a combined 100% disability rating.

The Veteran's service-connected disabilities are found to be of such nature and severity as to prevent him from securing or following substantially gainful employment since January 28, 2014.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and chronic urticaria. The lumbar spine disability was rated at 40 percent, which is the maximum schedular rating available. The chronic urticaria prior to July 30, 2020, was also rated at 30 percent.

The Board denied service connection for a lumbar spine disability and denied entitlement to a total disability rating based on individual unemployability (TDIU) due to the lack of evidence showing that the Veteran's lumbar spine disability is directly related to his military service or any other service-connected condition.

The Board has remanded the issues of service connection for a respiratory disorder and a back disorder due to additional development being necessary.

The Veteran's appeal for an increased rating in excess of 20 percent for degenerative disc disease with degenerative joint disease status post compression fracture L-2 with posterolateral fusion and laminectomies is dismissed due to the withdrawal by his representative.

The Board has remanded the Veteran's claims for additional development, including obtaining updated VA treatment records and examinations to assess his service-connected disabilities.

The Veteran's service-connected low back disability and associated radiculopathy are being remanded for further examination and development. The TDIU claim is also being remanded due to the need for additional information regarding his employment status.

The Board has denied the Veteran's claims for service connection for right ear hearing loss, mid to low back disability, and upper back and neck disability. The claim for service connection for a right knee injury is being remanded due to inadequate VA examination and failure to obtain relevant medical records.

The Board has granted service connection for cervical spine degenerative disc disease, status post fusion and bilateral upper extremity radiculopathy (claimed as bilateral hand numbness) as secondary to service-connected cervical degenerative disc disease.