Back / lumbar spine decisions — 2021

The claim of increased rating for lumbar spine disability is remanded due to its intertwinement with a TDIU issue.

The Board has remanded the case to determine if the Veteran is entitled to a TDIU on an extraschedular basis prior to May 16, 2014 based on his service-connected disabilities.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence of a chronic condition during his active duty or any other period of service. The Board also found that the current condition is not related to military service.

The Board has granted a TDIU on an extraschedular basis for the period prior to May 31, 2016 due to service-connected disabilities. The Veteran's rheumatoid arthritis is presumed via PACT Act.

The Board has remanded the Veteran's claims for lumbar spine degenerative arthritis, left ankle disability, right foot disorder, and left foot disorder due to incomplete development in previous examinations.

The Board has remanded the issues of service connection for diabetes mellitus, high cholesterol, and erectile dysfunction due to secondary service-connected disabilities.

The Board has decided that the Veteran's claim of service connection for a joint pain disability other than of the thoracolumbar spine, bilateral knees, or right hand is remanded due to inadequate examination and compliance with previous remand directives.

The Board has remanded several issues related to the Veteran's claims, including those for service connection and compensation under 38 U.S.C. § 1151. The main focus is on determining whether his disabilities are related to his active service or other relevant factors.

The Veteran's service-connected low back disability is rated at 40 percent, but no higher, due to limitation of forward flexion of the thoracolumbar spine to 30 degrees or less.

The Veteran's appeal for service connection of a back disability was dismissed due to the death of the Appellant who had previously substituted for the Veteran.

The Veteran's service connection claim for unspecified trauma-and stressor-related disorder is granted.,Service connection claims for other knee, back, nerve, and skin conditions are remanded.

The Board has granted reopening of the Veteran's claims for service connection for residuals of a back injury and neck injury. However, the claims for secondary service connection for degenerative disc disease of the lumbar spine and disability manifested by left hand numbness are remanded due to insufficient medical opinions.

The Veteran's migraine headaches, right shoulder disability, cervical spine disability, and lumbosacral spine disability are not related to service.,The Veteran does not have a current diagnosis of numbness and tingling of the left upper extremity or radiculopathy of the bilateral lower extremities that could be attributed to active service.

The Veteran's lumbosacral strain and associated bilateral lower extremity radiculopathy are being remanded for further development, including clarification of the weight-bearing status of the VA examination results.

The Veteran's cervical spine condition, diagnosed as cervical spine degenerative disc disease, is granted service connection. The Veteran's initial compensable rating for bilateral hearing loss prior to September 8, 2020, and a rating in excess of 80 percent for BHL from that date are both denied.

The Veteran's left ear hearing loss is granted service connection, while his right ear hearing loss and back disorder are denied. Service connection for type 2 diabetes, heart disorder (chest pain), stomach disorder (abdominal pain), and bilateral vision disorder (diabetic retinopathy and cataracts) is also denied.

The Veteran's appeal is remanded for further development regarding his service-connected conditions and the appropriate disability ratings.

The Veteran's service-connected disabilities did not meet the schedular criteria for TDIU, and his claim was denied on this basis.

The Veteran's service-connected degenerative joint disease of the thoracolumbar spine is currently rated at 20 percent, and the Board has denied a higher rating as his condition does not meet the criteria for an increased rating.

The Veteran's claims for increased ratings and service connection are being remanded due to inadequate VA examinations.,The Veteran's claims for increased ratings and service connection are being remanded due to inadequate VA examinations.,The Veteran's claim for service connection for hypertension is being remanded as the VA examinations were insufficient in addressing his contentions regarding secondary service connection.,The Veteran's claim for service connection for atrial fibrillation is being remanded as the VA examinations were insufficient in addressing his contentions regarding secondary service connection and herbicide exposure.,The Veteran's claim for service connection for GERD is being remanded as the VA examinations were insufficient in addressing his contentions regarding secondary service connection.