Back / lumbar spine decisions — 2021

The Veteran's service-connected disabilities prior to November 4, 2019 do not meet the criteria for a total disability rating based on individual unemployability.

The Board denied service connection for bilateral hearing loss, low back disorder, and neck disorder. The Veteran's TDIU claim was also denied as he is not service connected for any of these conditions.

The Veteran's service-connected disabilities, including his anxiety disorder and left ankle degenerative arthritis with history of sprain and instability, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA and private treatment records and scheduling the Veteran for an examination to assess his functional limitations due to his service-connected disabilities.

The Board denied the Veteran's claims for a disability rating greater than 30 percent for migraines and her claim for TDIU, finding that her service-connected disabilities did not preclude her from securing or maintaining substantially gainful employment.

The Veteran's appeal for increased ratings for his low back injury and associated radiculopathy has been remanded due to the need for further development.

The Board denied the Veteran's claims for an increased initial rating and TDIU on an extraschedular basis, finding that the current schedular evaluations adequately considered his lumbar spine disability.

The Veteran's left knee patellofemoral syndrome is currently rated at 30 percent, but the Board finds that a higher rating is not warranted.,Prior to December 6, 2019, the Veteran's left knee instability was rated at 10 percent. From December 6, 2019, it has been rated at 20 percent.

The Veteran's PTSD, lumbar spine (back) disability, right elbow disability, and left ankle disability have been granted service connection. The initial rating for PTSD has been increased to 70 percent.

The Veteran's PTSD is rated at 50% prior to January 28, 2020 and the claim for increased rating beyond that date is denied. The issues of service connection for lumbar spine disorder, cervical spine disorder (secondary to PTSD), and OSA are remanded.

The Board has remanded the issue of service connection for a lumbar spine disability, to include as secondary to service-connected bilateral foot disorders due to concerns about the adequacy of the VA examination and opinion provided.

The Veteran's bilateral lower extremity radiculopathy was granted a 40 percent evaluation effective January 22, 2020. The decision also denied evaluations in excess of 40 percent for the period after that date.

The Veteran's right foot condition is not service-connected.,Service connection for migraine headaches was granted as they are secondary to his service-connected tinnitus.

The Board denied service connection for cervical and lumbar spine disabilities as the evidence did not support a finding of a current disability related to military service.

The Board has decided to remand the case due to incomplete development and legal standard issues. The Veteran's claim for service connection for a back condition, including spondylosis of the fifth vertebrae, will be reconsidered with an additional opinion from a VA clinician.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Board denied a request for an effective date prior to June 30, 2014 for service connection of the Veteran's lumbosacral spine disability. The earliest effective date was found to be June 30, 2014.

The Board denied the Veteran's claims for service connection for right ankle weakness and instability, as well as low back disorder (degenerative joint disease and degenerative disc disease), finding no link between these conditions and his active service.

The Veteran's claim for a higher disability rating for her back disability prior to November 23, 2015 and in excess of 20 percent thereafter was denied. The Board found that the evidence did not meet the criteria for a higher rating based on the current range of motion findings.

The Board has remanded the claims for further development due to deficiencies in previous VA examinations and opinions. The Veteran's right shoulder disability, upper GI disorder, left shoulder disorder, right hand disorder, thoracolumbar spine (low back) disorder, bilateral knee disorder, and bilateral ankle disorder are all subject to review.