Back / lumbar spine decisions — 2021

Service connection for migraine headache disorder, low back disorder, right hand disorder, right knee disorder, left knee disorder, and right foot disorder is granted.,Service connection for psychiatric disorder (to include PTSD, bipolar disorder, major depressive disorder, and an antisocial personality disorder) is remanded.

The Board found that the Veteran's current thoracolumbar spine disability is not related to his active service and denied his claim for service connection.

The Board has remanded the claims for service connection and rating for a low back disorder, as well as for an increased rating for a left knee disorder. The TDIU claim is also remanded due to its inextricability with other claims.

The Veteran was granted a TDIU for the period from September 11, 2014 through August 20, 2018 due to his service-connected low back disability.

The Board has dismissed the appeal for an increased rating for tinnitus. The Veteran's bilateral chronic dry eye syndrome is granted with a separate 20 percent rating throughout the appeal period.

The Veteran's claims for increased ratings for PTSD and chronic lumbosacral strain are being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Veteran's service-connected disabilities, including degenerative disc disease of the thoracolumbar spine and bilateral knee disorders, have rendered him unable to secure or follow a substantially gainful occupation since August 29, 2007. The Board has granted an effective date of August 29, 2007 for his claim of entitlement to total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities, in combination, have precluded his employability since June 18, 1983. The Board has granted a TDIU effective June 18, 1983 on an extraschedular basis and dismissed the claims for higher initial ratings for bilateral knee disabilities.

The Board has found the VA examination reports inadequate and remanded for another examination to determine if the Veteran's back condition is related to his service, specifically his Army deployments in 2003, 2006, and 2008.

The Board has remanded the Veteran's claims of increased ratings for his service-connected disabilities due to a lack of recent medical examinations. The Veteran is also being remanded for a TDIU claim.

The Board has denied the Veteran's claims for service connection for a low back condition and a right shoulder condition, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board has remanded the issues of entitlement to a TDIU, an initial rating in excess of 10 percent for a low back disability, and an initial rating in excess of 10 percent for an inguinal hernia scar. The issue of SMC based on loss of use of a creative organ is also remanded.

The Board has decided to remand the case due to inadequate VA examinations and unclear radicular symptoms. The Veteran's lower back condition is rated at 10 percent, but he claims a higher rating.

The Veteran's claim for a higher disability rating for his service-connected degenerative disc disease of the lumbosacral spine is remanded due to an inadequate VA examination in April 2018. The Veteran should be scheduled for updated VA examination and treatment records should be obtained.

The Board denied service connection for OSA and DDD of the lumbar spine, finding that these conditions were not incurred during service or due to any in-service exposure. The Board also found that obesity did not cause or aggravate either condition.

The Board has granted the Veteran's claim to reopen service connection for a lumbar spine disability and has also granted service connection for this condition. The evidence shows that the Veteran sustained an injury in-service, which resulted in chronic low back pain. Two private medical opinions support the link between his current condition and his in-service injury.

The Veteran's back disability is currently rated as 40 percent disabling and the appeal for a higher rating is denied.,The criteria for entitlement to a temporary total evaluation based on convalescence prior to January 25, 2016 and after August 1, 2016 are not met due to lack of evidence showing severe post-operative residuals or immobilization by cast.,The Veteran's claim for SMC is denied as there is no indication he requires aid and attendance based on service-connected disabilities.

The Veteran's claims for increased evaluations of her hysterectomy and lumbosacral strain with degenerative arthritis are being remanded due to outstanding VA treatment records and clarification needed regarding the presence of vaginal vault prolapse or rectal prolapse.

The Board denied service connection for lumbar spine degenerative arthritis and intervertebral disc syndrome, finding that the current disability did not have its onset in service or is otherwise etiologically related to active service.

The Veteran's lumbar strain rating is being remanded due to the need for a VA examination and additional medical records.