Back / lumbar spine decisions — 2021

The Board has denied a rating greater than 20 percent for the Veteran's lumbar spine disability, finding that the evidence does not support such an increase in disability level.

The Veteran's claims for service connection and increased ratings have been remanded due to the need for additional development, including obtaining VA vocational rehabilitation records and treatment records from Camp Lejeune Naval Hospital. The Veteran also needs an addendum opinion regarding his bilateral shoulder and knee disabilities.

The Board has remanded the claims for entitlement to increased ratings for left knee disability and service connection for a low back disability due to new evidence and need for additional medical opinions.

The Board has remanded the case due to inadequate VA examination reports and a need for a new medical examination.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Board has remanded the cases of cervical spine and lumbar spine disabilities due to insufficient discussion in previous VA medical opinions regarding the Veteran's statements about his service-related injuries. The case is now pending for further examination and opinion.

The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for service-connected degenerative disc disease of the lumbar spine and for a disability rating in excess of 30 percent for bilateral pes planus due to inadequate reasons and bases, as well as issues related to VA's duty to assist and compliance with Correia and Sharp.

The Board has decided to remand the case due to incomplete service treatment records, particularly those related to the Veteran's Purple Heart Medal and Combat Action Ribbon awards. The case will be returned for further development.

The Veteran's claims for service connection for PTSD and a lumbar spine condition have been reopened, and the appeals are granted.,Service connection has been granted for MDD (including bipolar disorder) and bilateral lower extremity radiculopathy. The issue of service connection for PTSD due to MST is remanded.

The Veteran's initial compensable rating claim for right cheek scar was denied. The Board found that the scar did not meet criteria for a higher rating due to lack of painful, unstable, or disfiguring characteristics. Service connection claims for back disability and psychiatric disability were also denied as there was no evidence of continuity of symptomatology or etiology with service.

The Board has granted service connection for gastroesophageal reflux disease (GERD) and restored a 20% disability rating for the Veteran's lumbar spine disability. The reduction of the disability rating from 20% to 10% was found improper, and the 20% rating is now reinstated.

The Veteran's appeals for service connection for left foot, right foot, and low back disabilities have been dismissed. The appeal for service connection for an acquired psychiatric disability and hypertension has been remanded.

The Veteran's hypertension and glaucoma are not service-connected.,Right and left lower extremity varicose veins have been rated as 40 percent disabling, but the Veteran is seeking higher ratings. The Board finds that a rating in excess of 40 percent is not warranted at this time.,The Veteran's erectile dysfunction may be related to Gulf War exposures, but further clarification is needed from an appropriate clinician.,Left and right knee strains have been rated as 10 percent disabling each, but the Veteran is seeking higher ratings. The Board finds that a rating in excess of 10 percent for both knees is not warranted at this time.,Lumbar spine degenerative joint disease has been rated as 20 percent disabling, but the Veteran is seeking a higher rating. The Board finds that a rating in excess of 20 percent is not warranted at this time.

The Board has remanded the case due to conflicting disability picture of the Veteran's lumbar condition and a need for further development to assess the current severity of his service-connected lumbar strain.

The Veteran's service-connected disabilities, including diabetes, mild neurocognitive disorder, sleep apnea with asthma, radiculopathy of the right upper extremity, neck injury, and degenerative arthritis of the lumbar spine, rendered him unemployable for the period from September 8, 2018 to November 25, 2019. The Board granted a TDIU based on this evidence.

The Board has remanded the Veteran's claims for service connection for bilateral ankle, knee, and low back conditions due to inadequate VA examination opinions. The claims are being returned for further development.

The Board has decided to remand the case due to an inadequate VA examination, and a new one must be conducted to assess the severity of the Veteran's lumbar spine condition.

The Veteran's claims for an increased rating for bilateral hearing loss and service connection for a lumbar spine disability were denied. The Board found that the evidence did not support granting a compensable rating for hearing loss or establishing service connection for the lumbar spine disability.

The Veteran's request to reopen his claim of entitlement to service connection for gingivitis for compensation purposes is denied. His claims for increased ratings for lumbar spine degenerative disc disease and radiculopathy of the left lower extremity are remanded.

The Veteran's service-connected disabilities, including anxiety disorder, mood disorder, and multiple physical conditions, have rendered him unable to secure or follow a substantially gainful occupation. As such, the Board has granted his claim for TDIU.