Back / lumbar spine decisions — 2021

The Veteran's appeal includes multiple issues related to his service-connected lumbosacral spine degenerative arthritis and secondary conditions. The Board has determined that further development is needed for the claims of left lower extremity peripheral neuropathy, soft tissue disorder of the legs, and cardiovascular disorders.

The Board has decided to remand the case due to a duty to assist error in obtaining an adequate VA medical opinion regarding the relationship between the Veteran's unspecified anxiety disorder with panic attacks and his service-connected lumbar spine disability.

The Board has granted service connection for tinnitus, but the other issues related to bilateral hearing loss, left knee disability, right knee disability, lumbar spine disability, and acquired psychiatric disorder (generalized anxiety disorder) are remanded due to failure to report for VA examinations.

The Board has determined that additional evidence is needed to fully and fairly consider the appellant's claims, including obtaining his complete SSA file and VA treatment records. The appeal will be remanded for these purposes.

The Veteran's appeal is remanded due to the need for a new VA examination to evaluate his current back disability, as he has reported worsening symptoms and testified at his October 2020 hearing.

The Veteran's service-connected disabilities, including degenerative joint disease of the right shoulder and degenerative disc disease of the lumbosacral spine, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to TDIU from August 22, 2015. However, his claim for a rating in excess of 20 percent for right shoulder disability is remanded.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and a psychiatric disorder, finding that there was no evidence of in-service injury or disease related to these conditions.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was denied. The Board also remanded the issue of entitlement to TDIU prior to May 13, 2010.

The Board has denied the Veteran's claims for service connection for Hepatitis C and cirrhosis of the liver as there is no evidence to support a nexus between these conditions and his military service.,The Board has also remanded the Veteran's claims for service connection for low back disability and bilateral knee disability due to potential issues with the adequacy of the VA examination opinions.

The Board has remanded the claims for service connection for right knee, left knee, and lumbar spine DDD disabilities due to incomplete compliance with previous remands. The Veteran's right knee disability is being reviewed by an orthopedic clinician to determine its etiology and whether it caused or aggravated his left knee and lumbar spine disabilities.

The Veteran's low back disability and right lower extremity radiculopathy have been granted a 20 percent rating each, effective as of the date of this decision.

The Veteran's claim for an effective date earlier than September 25, 2012 for service connection of a back disability is dismissed. A rating of 20 percent for the back disability was granted before January 26, 2021 and denied on and after that date.

The Board has determined that the claims for service connection have not been fully addressed due to a lack of compliance with prior remand instructions. The Veteran's death prevented further action on these claims until his surviving spouse was accepted as a substitute, at which point the case was returned to the Board.

The Veteran's appeal for a higher rating for his cervical spine disability is denied as the evidence does not show unfavorable ankylosis of the entire cervical spine.,The Veteran's appeal for a higher rating for his radiculopathy of the left lower extremity is denied as the evidence does not show unfavorable ankylosis of the entire cervical or thoracolumbar spine.

The Board has remanded the claims for an initial rating in excess of 20 percent for degenerative disc disease and degenerative joint disease of the lumbosacral spine prior to June 1, 2010, and in excess of 40 percent thereafter, and for a total disability rating for compensation purposes due to individual unemployability (TDIU) prior to July 1, 2015.

The Board has denied service connection for bilateral knee, shoulder, and back conditions due to lack of evidence linking these conditions to the Veteran's active duty service.

The Veteran's service-connected disabilities alone do not render him unemployable, as he retired due to non-service-connected conditions and his physical limitations are not severe enough to prevent substantially gainful employment.

The Board has decided to remand the case due to insufficient evidence regarding the cause of the Veteran's lumbar spine condition.

The Board has determined that the Veteran's tinnitus is related to his military service and granted service connection for it. The issues of service connection for bilateral hearing loss, back disability, left ankle disability, asthma, and hypertension are remanded due to insufficient evidence.

The Board denied service connection for lumbar spine and shoulder disorders due to lack of evidence linking the conditions to service.,Specifically, the Veteran's current back condition was found not related to his in-service participation in jump school.