Back / lumbar spine decisions — 2021

The Board has determined that additional examinations and medical opinions are needed to properly assess the Veteran's service-connected conditions, as well as to determine if there is a relationship between his current disabilities and active service. The claims for increased ratings and service connection will be remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's back disability was aggravated by service or incurred during service.

The Veteran's appeal is remanded due to the need for additional development and review of new evidence before a final decision can be made.

The Board has denied the Veteran's claim for a total disability rating based upon individual unemployability prior to June 2, 2009 as there is no evidence showing that his service-connected disabilities alone rendered him unable to obtain or maintain substantially gainful employment.

The Veteran's tinnitus is granted as service connection due to in-service noise exposure.,The Veteran's back disability is granted as service connection due to an in-service motor vehicle accident (MVA).,The Veteran's acquired psychiatric disability, including PTSD and depression, is granted as service connection due to military sexual trauma during active duty.

The Veteran's service-connected lumbosacral strain disability is currently rated at 10 percent, which reflects the current functional impairment. The Board finds that a higher rating is not warranted as the evidence does not support an increase in disability beyond what is already reflected by the current 10 percent rating.

The Veteran's right shoulder disorder is related to a service-connected disability, while other joint disorders are not. Service connection for the cervical spine and low back disorders remains denied.

The Veteran's lumbar spine disability is rated at a maximum of 40 percent, effective September 19, 2016.,Hypertension was granted as service-connected.

The Board has revised the combined disability rating from 60% to 50% for the period from January 1, 2012 to February 29, 2016 due to legal error in the original decision.

The Board denied service connection for a low back disability and an acquired psychiatric disorder, finding that the Veteran's disabilities did not have their onset in service or within one year of his discharge from active service.

The Veteran's appeal for increased ratings for his right ankle and back disabilities has been dismissed as he requested the withdrawal of these claims.

The Board has remanded the cases for further development and opinion regarding service connection for low back, right knee, and left knee disabilities.

Service connection for degenerative disc disease of the lumbar spine has been granted.,Service connection for an acquired psychiatric disorder, to include as secondary to a lumbar spine disorder, has also been granted.

The Board has dismissed all claims due to the Veteran's withdrawal of his appeal.

The Board has denied the Veteran's claims for service connection for a back condition and a right knee condition, finding that there is not enough evidence to support these claims.

The Board has denied the Veteran's claims for service connection for lumbar spine, bilateral hip, and bilateral knee disabilities due to a lack of evidence showing these conditions were incurred or aggravated by service.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including lumbar spondylosis with degenerative disc disease, left and right knee chondromalacia, and radiculopathy. The issues include seeking higher ratings for these conditions.

The Veteran's bilateral flat feet, back condition, right shoulder condition, left shoulder condition, right hand condition, and left hand condition are all found to be service-connected. The Veteran's current renal toxicity (ESRD) is not considered service-connected.

The Veteran's cervical spine strain was granted a 30% rating effective January 30, 2020.,The Veteran's lumbar spinal arthritis with IVDS was granted a 40% rating effective September 20, 2017.

The Board has remanded the Veteran's claims for increased ratings for his lumbar strain, lower extremity radiculopathies and his claim seeking a TDIU due to service-connected disabilities. The case is being returned to the RO for consideration of newly associated medical evidence.