Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings of his back disability and radiculopathy were denied prior to May 30, 2018. The claim for increased rating of radiculopathy was granted from July 13, 2020 onwards.

The Veteran's lumbar spine disability is now rated at 40 percent, effective from the date of this decision.

The Veteran's service-connected degenerative disc disease of the lumbar spine with spondylosis is currently rated at 20 percent, effective from July 12, 2019. The Board finds that a higher rating is not warranted based on the evidence provided.

The Board has remanded the claims for bilateral hip and lower back disabilities due to insufficient medical opinions regarding their etiology. The Veteran's hip disability is believed to be related to his service-connected knee disability, while his lower back disability may be secondary to both hip and knee conditions.

The Board has remanded the claims for service connection for various conditions due to incomplete records and verification of military service. The Veteran's hypertension and lumbar spine disorder are also being remanded for further examination.

The Board has remanded the case due to new evidence being added since the last Supplemental Statement of the Case (SSOC). The Veteran and her representative will be provided an additional SSOC, after which the appeal will be returned for further consideration.

The Board has remanded the claims for service connection for low back disability, cervical spine disability (including as secondary to a low back disability), left lower extremity radiculopathy, and right lower extremity radiculopathy due to conflicting medical opinions regarding their onset and relationship to service.

The Board has remanded the Veteran's claims for arthritis of the bilateral knees, low back condition, and carpal tunnel syndrome (left hand and right hand) due to insufficient evidence on record.

The Board has determined that the Veteran did not meet the schedular criteria for a TDIU prior to March 31, 2018 and there is insufficient evidence to substantiate a reasonable possibility that he was unemployable by reason of his service-connected disabilities.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to January 16, 2009.

The Veteran's claim for a separate 10 percent disability rating for left lower extremity radiculopathy, associated with lumbosacral strain, is granted effective November 5, 2011.

The Veteran's claim for SMC prior to January 13, 2020 was denied as he did not meet the criteria for SMC. However, from January 13, 2020, his TDIU based on his acquired psychiatric disability satisfied the requirement for a single disability rated total and combined with other disabilities, met the criteria for SMC.

The Veteran's appeals for increased ratings for lumbosacral strain and left knee chondromalacia were denied. The rating for the lumbosacral strain was denied prior to April 10, 2021, and since that date. The rating for the left knee chondromalacia was also denied.

The Veteran's claims for earlier effective dates and increased ratings are denied. The Board finds that the evidence supports a 100% rating from September 25, 2015, but no earlier. The Veteran's TBI, lower back disability, and wrist conditions are remanded for further development.

The Board has determined that the claims for increased ratings and TDIU are inextricably intertwined with the Veteran's claims for SSA records and private treatment records. The case is therefore being remanded to obtain these records.

The Board has granted service connection for bilateral plantar fasciitis, bilateral heel spurs, and a low back disorder. The diagnoses are related to the now service-connected bilateral plantar fasciitis.

The Board has decided to remand the claim of service connection for a back disorder due to inadequate opinions and missing records. The case is sent back to a VA physician for an opinion on the etiology of the Veteran's back disorder.

The Board has remanded the case due to non-compliance with a previous remand directive. The Veteran's claim for service connection for his back disability is being reviewed again as the VA examiner did not consider the Veteran's statements regarding the onset and continuity of his symptoms.

The Board denied the Veteran's claims for service connection of low back disability, eye disability, sleep apnea, and urethritis. The appeals were not about service connection at all.

The Veteran's service-connected disabilities have rendered her in need of aid and attendance, housebound, and eligible for specially adapted housing. The appeal regarding a special home adaptation grant is dismissed as moot.