Back / lumbar spine decisions — 2021

The Veteran's claim for an effective date prior to January 9, 2015 for the award of a total disability rating based on individual unemployability due to service-connected disabilities is denied. The earliest effective date legally possible has been assigned under VA regulations.

The Board has granted service connection for a right knee disability and a back disability, finding that the Veteran's current conditions are related to his military service.

The Veteran's claim for a higher rating for cervical spine degenerative disc disease is remanded due to the need for further examination and additional medical records.

The Veteran's claim for service connection for a hip disability is dismissed as the benefit was granted in a January 2020 rating decision.,Claims for earlier effective dates for increased ratings of 20 percent for back and bilateral lower extremity disabilities are denied. The Veteran did not have these conditions prior to February 10, 2015.,Service connection is denied for neck disability as there is no evidence it was incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for back and lower extremity radiculopathy disabilities are remanded. The Veteran's current effective date is February 10, 2015.,Service connection is denied for sleep apnea and asthma as there is no evidence they were incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for right knee disability and total disability rating based on individual unemployability are remanded.

The Board has decided to remand the claims for tinnitus, hearing loss, left knee disorder, and back disorder due to inadequate medical opinions.

The Veteran's claim for a separate rating for service connection for radiculopathy of the bilateral lower extremities is remanded due to conflicting findings in the July 2021 VA examination.

The Board has denied the Veteran's claims for service connection for right shoulder arthritis, left shoulder arthritis, left hand arthritis, right hand arthritis, and degenerative disc disease (claimed as lower back) due to a lack of medical evidence linking these conditions to his military service.

The Board has vacated the denial of special monthly compensation by reason of being housebound or based on the need of regular aid and attendance, as the Veteran meets the schedular requirements for SMC at the housebound rate due to his service-connected disabilities.

The Veteran's discharge from active military service is considered under other than honorable conditions due to being AWOL for over 180 days. The Board found no compelling circumstances warranting the prolonged absence, thus denying VA benefits.

The Board has determined that the Veteran's lumbar spine disability is not caused by his active service and denied his claim for service connection.

The appeal regarding the low back disability is dismissed. Service connection for cervical spine and upper extremity disabilities is granted.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of chronic in-service symptoms and that the current disability is not related to service.

The Board has remanded the case due to insufficient examination addressing the etiology of the Veteran's back disability, including diagnoses and their relation to service.

The Board has remanded the Veteran's claims for bilateral hearing loss, lumbar spine disability, and right hip disability due to additional development being necessary.

The Board has remanded the claims for further development due to inadequate retrospective assessments of the Veteran's lumbar spine disability and lower extremity radiculopathy.

The Veteran's claims for PTSD, lumbar spine disability, headaches, major depressive disorder, and bilateral hearing loss have been remanded due to the need for additional evidence or examination.

The Veteran's low back disability was reduced from 40 to 20 percent, but the Board restored the prior 40 percent rating effective January 1, 2009. The appeal for a higher rating is denied.

The Board has found that the Veteran's neck disability is not secondary to service-connected foot disabilities and is not otherwise related to an in-service injury. The low back disability claim is remanded for further review.

The Veteran's claim for increased ratings for degenerative disc disease at L4-L5 and radiculopathy of the sciatic and femoral nerves was granted, with specific ratings assigned. The Veteran also received a TDIU determination prior to December 23, 2016.

The Board has ordered a remand to obtain an addendum opinion on the nature and etiology of the Veteran's low back disorder, including whether it is related to service or proximately due to his service-connected inguinal hernia.