Back / lumbar spine decisions — 2021

The Board has granted an earlier effective date for TDIU from July 31, 2012. The decision finds that the Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment as of this date.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran is not entitled to an increased rating greater than 20 percent for his service-connected lumbar spine arthritis prior to December 21, 2015 but is entitled to a 20 percent disability rating from December 21, 2015 and a 20 percent disability rating for left lower extremity radiculopathy. The Veteran's claim for TDIU was also denied.

The Board has remanded the claims for additional evidence and readjudication.

The Board has granted service connection for a bilateral ear disorder, but the claims for low back, left knee, bilateral hip, and sleep apnea disorders are remanded due to the need for further development.

The Veteran's PTSD, back, knee, and right ankle disabilities are remanded for additional development to determine their current severity.

The Veteran withdrew his claims for service connection for PTSD and dysthymic disorder (claimed as sleep disturbances). The Board has remanded the remaining issues including increased ratings for lower extremity radiculopathy, intervertebral disc syndrome, and a TDIU.

The Veteran's claims for service connection and increased rating were denied. The Board found insufficient evidence to support the Veteran's claims of left wrist disorder, post-TKR left knee disability, right knee disability, and lumbar spine disability.

The Board has remanded the Veteran's claims for a new VA examination to evaluate his back disability and associated radiculopathy, as well as his TDIU claim. The issues will be readjudicated after these examinations.

The Board has granted service connection for tinnitus and denied the remaining issues of service connection. Service connection is granted for tinnitus as it is at least as likely as not related to his in-service noise exposure, which includes parachute jumps and Ranger training. The low back disability, left foot disabilities (including callouses and bunions), right foot disabilities (including callouses and bunions), right hip disability, and left knee disability are denied as the evidence does not support a finding that these conditions began during service or are related to in-service injury, event, or illness.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and need for further development of his medical history.

The Board has granted service connection for degenerative arthritis of the lumbar spine, bilateral ankle disability, and bilateral knee disability. The claims for bilateral wrist disability, bilateral hip disability, and bilateral hearing loss are remanded.

The Veteran's claim for an increased rating for thoracolumbar sprain was granted, and he is now rated at 20 percent. Service connection for myofascial pain syndrome, secondary to his service-connected thoracolumbar sprain, was also granted.

The Board has vacated its April 9, 2021 decision and remanded the issues of entitlement to initial disability ratings higher than 20 percent for back and neck disabilities as well as entitlement to a TDIU.

The Board has found that additional development is needed for the issues on appeal, including obtaining treatment records and scheduling VA examinations to evaluate the Veteran's spine disability and address service connection claims.

The Board has decided to remand the case due to insufficient information regarding whether the service-connected knee disabilities caused obesity and weight gain, which may have contributed to the low back condition.

The Board has reopened the Veteran's claims for service connection for various disabilities, but has determined that additional development is needed due to the need for medical examinations and opinions regarding the nature and etiology of these conditions.

The Board has decided to remand the claims for service connection for low back disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient consideration of the Veteran's service treatment records from August 1973.

The Veteran's service-connected disabilities, including adjustment disorder and multiple musculoskeletal conditions, are found to be so severe that they render him unable to secure or follow substantially gainful employment.

The Board has remanded the claims for service connection due to the need for additional VA treatment records and compliance with previous directives.

The Veteran's service-connected back disability, right and left lower extremity radiculopathy were granted an effective date of June 28, 2017. The rating for the lumbar spine scar was granted with a 40% rating effective August 10, 2018.