Back / lumbar spine decisions — 2021

The Veteran's lumbar spine disability is rated at 20 percent, effective July 7, 2017. The initial ratings for radiculopathy of the left and right lower extremities are denied.

The Board denied service connection for lumbar spondylosis and osteoarthritis of the back, finding that there is no evidence linking these conditions to service or a service-connected condition. The Board also remanded the issue of service connection for immune system malfunction with food allergies (due to psoriasis).,The Veteran's claim for secondary service connection for his immune system malfunction with food allergies was not fully addressed due to insufficient medical opinion and potential outstanding VA treatment records.

The Board has granted service connection for fibromyalgia, but has remanded the issues of service connection for back disability, testicular pain (epididymitis), and diarrhea (irritable bowel syndrome) due to insufficient evidence in the current record.

The Board has determined that the Veteran's back disorder is not related to his service and therefore denied his claim for service connection.

The Veteran's low back disability is rated at 40% and right lower extremity radiculopathy at 10%. The acquired psychiatric disorder (depression) prior to September 23, 2016, is not rated higher than 30%.,No new rating is granted for the Veteran's low back disability or right lower extremity radiculopathy. The acquired psychiatric disorder (depression) from September 23, 2016, is not rated higher than 70%.

The Board has remanded the Veteran's claim of entitlement to service connection for a lower back condition due to incomplete development and inadequate medical opinions. The AOJ is required to obtain private medical records, conduct additional VA examinations, and provide adequate opinions regarding the nature and etiology of the Veteran's claimed condition.

The Board is remanding the claims for an effective date earlier than April 17, 2009 for service connection and higher ratings for radiculopathy to allow the AOJ to properly consider these issues.

The Board has remanded the Veteran's claims for service connection for a low back disability and PTSD due to incomplete information from the Social Security Administration (SSA) records, as well as the need for authorization of non-VA medical records.

The Board has remanded the claim for a new VA examination and medical opinion due to lack of substantial compliance with prior remand directives. The Veteran's low back disorder is related to service, but its onset during service or within presumptive period after discharge cannot be determined.

The Board has determined that the Veteran's degenerative disc disease with low back pain is a chronic condition that manifested during service and continues to persist, granting service connection for this disability.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his claim for total disability rating based on individual unemployability (TDIU) is denied.

The Veteran's back disability, characterized by limited forward flexion to less than 30 degrees prior to September 14, 2017, is granted a 40 percent rating.

The Board has remanded the Veteran's claims for service connection due to incomplete information and need for additional medical opinions. The issues of service connection for lumbar spine disability, right knee disability, and bilateral foot rash are being reviewed.

The Veteran's claim for a higher rating for his lumbar spine disability is being remanded due to inadequate reasons and bases provided by the Board in its previous decision. Further development, including obtaining additional medical records and scheduling a VA examination, is required.

The Board denied service connection for an allergic rash disability, a left knee disability (no cartilage), and a back disability, to include a herniated disc. The Veteran's claim for a left foot disability was remanded.,Service connection was not granted for any of the conditions due to lack of current evidence of a disability proximate to the claim or during the appeal period.

The Veteran's service-connected low back disability is granted a 20 percent rating, effective from October 1, 1993. The right foot hallux valgus remains at a 10 percent rating.

The Board denied increased ratings for the Veteran's service-connected degenerative disc disease of the lumbar spine and cervical spine, finding that the current disability ratings adequately reflect the severity of his conditions.

The Board has determined that the Veteran's service-connected disabilities have not rendered him unable to secure and follow a substantially gainful occupation since September 2010.

The Veteran's claims for earlier effective dates and increased SMC rates are denied. The Board found that the criteria for these benefits were not met due to lack of legal basis or evidence.

The Board has remanded the Veteran's claims for service connection and rating of her left hip, ankle, and back conditions due to inadequate examinations in June 2019. The issues include determining whether these conditions are related to active service or secondary to a service-connected condition.