Back / lumbar spine decisions — 2021

The Veteran's back disability is now rated at 40 percent effective November 9, 2020.,The Veteran's lost left hip flexion and abduction/adduction are both rated at 10 percent.

The Board has determined that the Veteran's lumbar spine condition first arose during his active service and granted service connection for this disability.

The Veteran withdrew his appeals, including the claims for service connection for a neck disability and increased rating claims for various disabilities. The Board dismissed all remaining issues on appeal.

The Board has remanded the case due to failure to substantially comply with the October 2020 remand directives. The Veteran's lumbar spine disability is being remanded for a new VA addendum opinion addressing her claims.

The Board has granted the claim for service connection for low back disability, finding that it is aggravated by pre-existing service-connected knee and foot disabilities.

The Veteran withdrew his claims for a rating in excess of 10 percent for a lumbar strain disability from April 25, 2012 to December 6, 2015 and for a rating in excess of 20 percent for the same condition from December 7, 2015. He also withdrew his claim for TDIU prior to October 21, 2016.

The Veteran's claims for increased ratings for degenerative joint disease of the lumbosacral spine, left knee instability, and degenerative joint disease of the left knee are being remanded due to the receipt of additional evidence.

The Veteran's claim for service connection for a low back disorder, characterized as degenerative arthritis, spondylosis, spinal and neuroforaminal stenosis, and intervertebral disc syndrome of the lumbar spine was denied. The claims for increased ratings for right tibia stress fracture and left tibia stress fracture are remanded. The TDIU claim is also remanded.

The Board has decided to remand the case for additional medical opinions regarding service connection for a lumbar spine disability and whether arthritis of the spine manifested within one year of separation from active duty. The Veteran's knee disabilities are also being considered in relation to his lumbar spine disabilities.

The Board has remanded the issues of service connection for Barrett's Esophagus, severance of prior grants of service connection for degenerative disc disease of the thoracolumbar spine and cervical spine, and whether GAD should be severed from service. The examiner is requested to provide an opinion on whether the Veteran's thoracolumbar and cervical spine conditions were aggravated by INACDUTRA.

The Board has determined that more development is necessary to determine the nature and etiology of the Veteran's low back disability, including whether it is related to service. The same applies to his left hip disability. These issues are being remanded for further examination and consideration.

The Board has determined that the Veteran's back disorder was not incurred in or aggravated by service and remands for further evaluation of his PTSD.

The Veteran's lumbar spine disability was granted a 20 percent rating prior to November 4, 2019. From that date, the claim for an increased rating is denied. Service connection for spina bifida was also denied.

The Veteran's appeal for service connection for tinnitus and a low back compression injury has been dismissed due to the death of the appellant.

The Board has denied the Veteran's claim for a rating greater than 40 percent for degenerative arthritis of the lumbar spine and has remanded the issue of entitlement to a total rating for compensation based upon individual unemployability (TDIU).

The Board has determined that additional development is needed to adjudicate the Veteran's claims, including obtaining VA treatment records and scheduling additional VA examinations.

The Board denied the Veteran's claim for service connection for a back disability, finding that there is not sufficient evidence to establish a nexus between his in-service injury and his current condition.

The Veteran's initial 50 percent rating for migraine headaches has been granted, and a TDIU has also been granted. The remaining issues have been remanded.

The Veteran's back disability is granted an increased rating to 40 percent effective November 1, 2013. A TDIU is also granted.

The Board has remanded the cases for further development due to inadequate VA examinations and the need for a retrospective opinion regarding the severity of the Veteran's disabilities from September 1, 2012, to December 20, 2019.