Back / lumbar spine decisions — 2021

The Veteran's lung cancer was rated at 100% permanent, and the issues of special monthly compensation based on need for aid and attendance, increased rating for left foot disability, and increased rating for lumbar spine disability were pending at the time of his death. The appellant is granted as a substitute party for these issues.

The Board denied a rating in excess of 50 percent for PTSD and did not grant the Veteran's request for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 have been dismissed due to the failure to timely file a Notice of Disagreement.,New evidence has not been received to reopen the Veteran's claims.

The Veteran withdrew her appeals regarding increased rating for Meniere's syndrome with tinnitus, service connection for thoracolumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's claims for increased disability ratings and special monthly compensation are being remanded due to the need for additional examinations related to his service-connected radiculopathies of the upper and lower extremities.

The Board has found that the Veteran's low back condition clearly and unmistakably preexisted service, but there is insufficient evidence to determine if it was aggravated during service. The case is therefore remanded for further evaluation.

The Veteran's bilateral plantar fasciitis and asthma were denied service connection as there is no evidence of an in-service injury or disease. The eye condition due to trauma, lumbar strain, and right hip pain issues are remanded for further development.,Service connection for the Veteran's current diagnoses will be reconsidered based on new evidence and examination.

The Board has granted readjudication of the Veteran's claims for service connection for a back disability and chronic multi-symptom illness, but denied both claims due to lack of evidence showing onset during active duty or within one year after discharge.

The Veteran's appeals for increased ratings of his service-connected left shoulder disability, lumbar spine arthritis, and hypertension have been dismissed due to the Veteran's withdrawal.,The Veteran's appeal for service connection for hepatitis C has also been dismissed due to the Veteran's withdrawal.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, but no higher, as it has manifested as favorable ankylosis of the thoracolumbar spine.

The Board has granted service connection for a back disability, finding that the Veteran's current condition is related to his in-service injuries. The claim was reopened due to new evidence received more than one year after the last final denial.

The Veteran's claims of service connection for sleep apnea, lumbosacral strain and degenerative arthritis of the lumbosacral spine were granted. The claim for bilateral hip disability is remanded due to insufficient evidence. The claim for bilateral knee disability is also remanded.

The Board has remanded the case for referral of the claim for a TDIU to the Director, Compensation Service, for extraschedular consideration for the period prior to December 1, 2015. The Veteran's service-connected disabilities include asthma, hearing loss, lumbar spine disability, and lower lip leukoplakia residuals.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding his claimed disabilities and their relationship to active duty, including exposure to G-forces as a pilot.

The Veteran's claims for increased ratings of his service-connected lumbosacral strain with intervertebral disc syndrome and associated sciatic nerve radiculopathy are being remanded due to the need for additional medical examination.

The Board has granted service connection for low back pain with arthritis, but denied service connection for right and left knee disabilities, pitting edema of the RLE, and pitting edema of the LLE.,The Veteran's current lower extremity pitting edema is not considered secondary to his claimed knee disabilities.

The Board has granted service connection for a right shoulder disability and a back disability, finding that the Veteran's symptoms are at least as likely as not incurred during his active military service.

The Veteran's claim for an increased rating of 20 percent for service-connected low back strain with narrowing of the L5-S1 disc space prior to January 14, 2016 is granted. The issue of a greater than 20 percent rating after that date is remanded.

The Board has granted service connection for the Veteran's lumbar spine disability and radiculopathy, bilateral lower extremities. The lumbar spine disability is found to be related to military service, while the radiculopathy is considered secondary to the lumbar spine disability.

The Veteran's claim for service connection for a back disability has been reopened due to the submission of new evidence. The case is being remanded for further evaluation and determination.