Back / lumbar spine decisions — 2021

The Board has remanded the case due to a lack of compliance with prior remand instructions regarding the extent of additional loss of function during flare-ups and repetitive use.

The Board has remanded the claims of service connection for irritable bowel syndrome, an upper gastrointestinal disorder, fibromyalgia, and a low back disability due to inadequate medical opinions provided in previous examinations. The Veteran's sexual assault and gastroenteritis are also being reviewed.

The Veteran's service-connected disabilities rendered her unable to obtain and maintain substantially gainful employment from April 5, 2012. The Board granted a TDIU for this period. However, the issue of entitlement to a TDIU prior to April 5, 2012 is remanded due to insufficient evidence.

The Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities, including lung cancer and low back pain. The Board granted a TDIU on an extraschedular basis.

The Veteran's OSA is granted as secondary to weight gain caused by his service-connected psychiatric and musculoskeletal disabilities. The other issues remain denied.

The Board has remanded the case due to inadequate VA examination and incomplete private treatment records. The Veteran's back condition, including degenerative arthritis of the lumbosacral spine and intervertebral disc syndrome (IVDS), is being reviewed for higher ratings.

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

The Veteran's claims for increased ratings for depressive disorder and lumbosacral strain are being remanded due to the need for additional development, including VA examinations.

The Veteran's cervical strain, left ear hearing loss, lumbosacral strain, bilateral knee condition (left and right), and bilateral shoulder condition have all been granted service connection with a 10% rating for the cervical strain.

The Veteran's lumbosacral strain with DJD, L5-S1, was granted a 40 percent disability rating prior to August 6, 2015. The evidence is in relative equipoise as to whether the condition met the criteria for a higher rating.

The Board has remanded the Veteran's claims due to insufficient medical opinions regarding his cervical and lumbar spine disabilities. The case is returned for further development.

The Board has remanded the case due to new evidence being added to the record and for further development of the claim.

The Board granted the Veteran's claims for service connection for OSA and HTN, as well as a rating of 40 percent for cervical spine radiculopathy. The issues related to ED were withdrawn by the Veteran. Effective dates prior to May 8, 2014, for the grant of service connection with an evaluation of 10 percent for right upper extremity (RUE) and RLE radiculopathy were denied.

The Board has remanded two issues: service connection for a low back disability and an increased rating for patellofemoral syndrome of the right knee. The Veteran's claims are being returned to the agency of original jurisdiction (AOJ) for additional development.

The Veteran's left hip disability is rated at 10% and denied a higher rating.,The Veteran's right ankle/foot tendon repair residual disability with DJD is rated at 10% and denied a higher rating.,The Veteran's low back disability from May 21, 2013 to January 27, 2020 is rated at 20%, and from January 27, 2020 onwards is rated at 40%. Both ratings are denied a higher rating.,The Veteran's left foot DJD is rated at 10% from August 7, 2006 to June 12, 2015 and at 30% from June 12, 2015 onwards. Both ratings are denied a higher rating.

The Board has decided to remand the case due to an incomplete VA examination, and thus further development is needed.

The Veteran's lumbar strain rating was reduced from 20 percent to 10 percent in November 2015, but this decision is void ab initio due to lack of compliance with regulations. The Board has restored the original 20 percent rating for lumbar strain.

The Veteran's claims for service connection have been withdrawn. The Board has remanded the remaining issues of service connection for a left knee disability, right knee disability, back disability, and an acquired psychiatric disorder other than PTSD.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine condition and its relation to service. The Veteran will need to provide VA treatment records from 2009 to present, as well as a medical opinion on whether his current back condition is related to service.

The Board dismissed the appeals on both back disorder and acquired psychiatric disorder claims due to the appellant's death.