Back / lumbar spine decisions — 2021

The Board has denied service connection for back disability, respiratory disability (asthma), and bilateral leg disability. The Veteran is also not eligible for TDIU benefits as he does not have any service-connected disabilities.

The Veteran's appeal for increased ratings for his lumbar spine disability has been dismissed due to the Veteran's withdrawal of the appeal.

The Board denied the Veteran's claim for an earlier effective date for TDIU prior to February 29, 2012, finding that he was not unemployable due to his service-connected disabilities before this date.

The Veteran's dermatitis, ischemic heart disease, hypertension, lumbar spine strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and residuals of a stroke are all granted. The Veteran's lumbar spine strain is rated at 10 percent.

The Board denied the Veteran's claim for a TDIU as he did not return a completed VA Form 21-8940 to support his claim, and there is no evidence demonstrating that he is unable to obtain or retain gainful employment due to his service-connected disabilities.

The Board has denied a rating in excess of 20 percent for the Veteran's low back disability, but has remanded issues regarding narcotic bowel syndrome and TDIU.

The Veteran withdrew his appeal for a higher rating for his service-connected back condition, stating he was satisfied with the current disability rating and payment amount.

The Veteran's appeal to reopen a claim of service connection for right ankle disability is granted. The claims for bilateral hearing loss, back disability, left hip disability, right hip disability, left knee disability, and right knee disability are remanded due to the need for additional evidence or examination. The claim for migraine headache is denied as there was no established link between current headaches and service.

The Veteran's claim to reopen a back disability was granted, and the appeal is remanded for further development including a VA examination.

The Veteran's appeals for service connection and rating increases have been dismissed. The Board has remanded several issues including right foot neuropathy, left foot neuropathy, sleep apnea, cervical spine disability, lumbar spine disability, bilateral primary open angle glaucoma, chronic fatigue syndrome, and lower extremity radiculopathy.

The Veteran's chronic low back disorder with degenerative arthritis, lumbosacral strain, IVDS (Intervertebral Disc Syndrome), and spinal stenosis is currently rated at 40 percent prior to January 20, 2021.,A separate rating of 10 percent for sciatic radiculopathy of the left lower extremity from October 5, 2006 has been granted.,A separate rating of 10 percent for sciatic radiculopathy of the right lower extremity from May 3, 2007 has also been granted.

The Veteran's claims for increased ratings for right ankle osteoarthritis and lumbosacral strain have been remanded due to the need for new VA examinations to assess current disability levels.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to insufficient medical opinions regarding the Veteran's ability to work.

The Veteran's low back disorder and associated left lower extremity radiculopathy have been granted a separate compensable rating of 20 percent, effective from April 10, 2017. The claim for an increased rating for the lumbar spine remains denied.

The Board has remanded the case due to an apparent inconsistency in the June 2018 VA examination report and the need for consideration of the ameliorative effects of the Veteran's medications on his range of motion.

The Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment for the period prior to July 18, 2020.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the etiology of various disabilities.,New and material evidence has been submitted, allowing the reopening of claims for bilateral hearing loss and stomach disability.

The Board has granted special monthly compensation based on the need for aid and attendance from March 11, 2011 to January 22, 2018. The Veteran's service-connected disabilities resulted in him needing regular aid and attendance due to his inability to dress or undress himself, keep himself clean, and protect himself from hazards.

The Veteran's cervical and lumbar spine disabilities, as well as his PTSD, have been granted service connection. The Veteran was also awarded a 70 percent disability rating for PTSD prior to August 30, 2019.

The Veteran's appeal for higher ratings for PTSD and service connection for cervical and lumbar spine disabilities was denied. The Board found that the evidence did not support a higher rating for PTSD prior to March 17, 2021 or thereafter, and denied service connection for both cervical and lumbar spine disabilities.