Back / lumbar spine decisions — 2021

The Board has determined that a remand is necessary to address the Veteran's claims for service connection of various musculoskeletal disorders, including bilateral knee and shoulder disorders, lumbar spine disorder, and cervical spine disorder. The issues are related to secondary service connection.

The Veteran's fatty liver disease and degenerative disc and joint disease of the lumbar spine have been granted service connection. The Veteran is now rated at 40% for his lumbar spine disability from August 4, 2021 onwards.

The Veteran's low back disability and radiculopathy of the lower extremities have been granted initial disability ratings, but with limitations on their severity.

The Board has granted service connection for residuals of frostbite of the bilateral feet, PTSD, and hypertension. The claims for TBI, right shoulder disability, left shoulder disability, carpal tunnel syndrome, bilateral eye disability, and back disability are remanded.

The Board has determined that there was not substantial compliance with the most recent remand and thus, the appeal must be remanded again to obtain adequate VA medical opinions on behalf of the Veteran.

The Veteran's lumbar spine disability and right lower extremity radiculopathy have been granted increased ratings of 20 percent effective February 20, 2018. The lumbar spine disability is currently rated as 10 percent disabling prior to this date.

The Board has remanded the claims for service connection due to incomplete verification of the appellant's periods of active duty training (ACDUTRA) and inactive duty training (INACDUTRA). The lumbar spine disorder, major depressive disorder, and bilateral carpal tunnel syndrome are all currently diagnosed. The Board instructed that further VA opinion is needed after verifying the service dates.

The Board has granted service connection for degenerative arthritis of the lumbar spine and secondary service connection for right lower extremity radiculopathy due to service-connected degenerative arthritis of the lumbar spine, finding that there is a reasonable doubt in favor of the Veteran's claims.

Service connection is granted for Degenerative Disc Disease (DDD)/Degenerative Joint Disease (DJD) of the lumbar spine.,Service connection is also granted for an acquired psychiatric disorder, to include depression and anxiety.

The Veteran's asthma, lumbar spine degenerative disc disease, and right lower extremity radiculopathy are all rated as they were prior to the remand. The case is REMANDED for further development.

The Board denied service connection for a lumbosacral spine disability, to include chronic myositis of the paralumbar spine muscles, and for a bilateral ankle disability due to lack of evidence linking these conditions to active service.

The Veteran's appeal is remanded due to the need for additional medical examinations and development of his service connection claims, including those related to tinnitus, low back disorder, left hip disorder, bilateral hearing loss, and right thumb disability.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, left shoulder DJD, right shoulder DJD, lumbar spine DJD, and right knee DJD. The decision is based on a lack of evidence linking these conditions to his military service.,Service connection was not granted as the Board found no medical evidence that any of the Veteran's claimed disabilities were incurred or aggravated by his active duty.

The Veteran's claim for an effective date earlier than January 29, 2013 for the award of service connection for left lower extremity radiculopathy is denied.,The Veteran's claims for effective dates earlier than June 8, 2017 for the awards of an 80 percent rating for narcolepsy with cataplexy and sleep paralysis; a 20 percent rating for benign prostatic hypertrophy, prostatitis, and hypotonic bladder; and a 20 percent rating for lumbar spine degenerative arthritis are denied.,The Veteran's claim for an effective date earlier than June 8, 2017 for the award of TDIU is denied.

The Board has determined that additional examinations are needed to determine the relationship between the Veteran's current disabilities and his military service. The claims for service connection will be remanded.

The Board dismissed the appeals for neck, TBI, and upper extremity radiculopathy issues as they were withdrawn by the Veteran. Service connection was granted for arthritis of the thoracolumbar spine, right shoulder disorder, and lower extremity radiculopathies secondary to service-connected arthritis.

The Veteran's claims for service connection of back, neck, and bilateral shoulder disorders are remanded due to the need for additional development.

The Board denied service connection for a back disability and a left knee disability, finding that the evidence did not support a link to service or within the presumptive period.

The Veteran's service-connected bipolar disorder, combined with other service-connected disabilities, rendered him unable to secure or follow a substantially gainful occupation from March 28, 2015. Therefore, the claim for SMC based on housebound status is granted as of that date.

The Veteran's appeal for an effective date prior to March 25, 2019 for TDIU was denied. The Board found that the preponderance of evidence did not support a finding that her service-connected disabilities prevented her from obtaining and maintaining employment prior to March 25, 2019.,The Veteran's appeal for past-due benefits by the grants of basic eligibility to Dependents' Educational Assistance (DEA) and TDIU effective March 25, 2019 was remanded. The Board noted that there was a discrepancy in the amount of past-due benefits awarded and ordered a complete audit/accounting.