Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his service-connected cervical and lumbar spine disabilities.

The Board has remanded the appeals for service connection for neck, right knee, left knee, and back disabilities due to inadequate rationale in previous VA opinions. The appeal for hypertension is also remanded.

The Board has granted service connection for a back disability. The claims for left knee and sleep disorder are remanded for additional development.

The Board has remanded the case due to errors in evaluating the Veteran's mental health and employment status, requiring a new examination and opinion.

The Board has determined that the VA examinations conducted in connection with these claims were inadequate and remanded for further development. The Veteran's hip, shoulder, and cervical spine disabilities are being reviewed again to determine their severity since October 1, 2002.

The Veteran's claim for a total disability based upon individual unemployability (TDIU) prior to October 19, 2015 is being remanded due to the need to refer it to VA's Director of Compensation Service for consideration of an extraschedular rating.

The Veteran's low back condition resulted in a combined range of motion of 230 degrees prior to December 5, 2013. From that date, the Veteran's functional impairment limited his forward flexion to 30 degrees or less.,The Veteran is entitled to an initial rating of 40 percent for radiculopathy of the right lower extremity sciatic nerve and a separate rating of 40 percent for radiculopathy of the left lower extremity sciatic nerve.

The Veteran's appeal is remanded for further examination and rating considerations due to the need for clarification of his service-connected bilateral lower extremity radiculopathy.

The Board has remanded the Veteran's claims for additional development due to incomplete records and insufficient consideration of certain evidence. The claims will be reviewed again after obtaining relevant medical records and considering all submitted statements.

The Veteran's service-connected disabilities did not preclude him from obtaining and maintaining substantially gainful employment prior to December 8, 2018. Therefore, the claim for TDIU is denied.

The Veteran's claims for increased ratings were denied as the evidence did not support higher disability ratings for his radiculopathy of the femoral nerves and degenerative joint disease of the lumbar spine with IVDS.

The Veteran's claim for a total disability rating based on individual unemployability is remanded due to incomplete information regarding his employment history and the need to obtain missing VA vocational rehabilitation records.

The Veteran's service-connected disabilities, including a pulmonary nodule and multiple lower extremity radiculopathies, have rendered him unable to secure and follow a substantially gainful occupation since October 3, 2017. His TDIU claim is granted.

The Board has remanded the cases due to inadequate reasoning in previous decisions and the need for additional medical opinions regarding the onset of symptoms related to service.

The Board has decided that the Veteran's claims for an initial rating in excess of 0 percent for a rotator cuff tear of left shoulder with ORIF and arthroscopy, and service connection for a low back disability, need further examination and opinion to determine their validity.

The Board denied earlier effective dates for service connection awards due to lack of CUE in the January 2007 rating decisions. The Veteran's claims were continuously prosecuted and no new evidence was submitted within one year of the final decision.

The Board has remanded the claims for additional development due to incomplete records and inadequate VA examinations.

The Board has remanded the cases of left thumb fracture, back disability, and sinusitis for further development.

The Veteran's claim for service connection for lumbosacral strain was denied in November 2011, but he did not appeal. The claim was reopened and granted effective July 18, 2017.

The Board denied higher ratings for IVDD of the lumbar spine, LLE radiculopathy, and RLE peripheral neuropathy. The Veteran's conditions were found not to meet criteria for a higher rating based on ankylosis or other specific findings.