Back / lumbar spine decisions — 2021

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities prior to October 22, 2010 and on and after that date.

The Board denied the Veteran's claims for service connection of a low back disability, left knee disability, and major depressive disorder (secondary to other disabilities) due to lack of new and material evidence.

The Board has remanded several claims for further development, including those related to right knee instability, left knee instability, bilateral hearing loss disability, lumbar spine disability, left hip limitation of flexion, left hip degenerative arthritis with residuals of left femur fracture, right knee meniscal tear with arthritis, residuals of a left knee injury with arthritis, and hemorrhoids.

The appeal as to the issue of tuberculosis is dismissed. The claim for service connection for a right knee disability has been reopened, but the preponderance of evidence does not support establishing that any current low back, left ankle, right ankle, or knee disabilities were incurred in or caused by service.

The Board has denied the Veteran's claims for service connection for back, neck, left hip, and right hip disabilities due to a lack of evidence linking these conditions to his military service.

The Board has decided that there is insufficient evidence to determine if the Veteran's current low back disorder was aggravated by her service, and therefore remands the case for further development.

The Veteran's lumbar spine disability was rated as 10 percent prior to January 9, 2020 and as 20 percent from November 9, 2020 onwards. The cervical spine disability was rated as 10 percent prior to January 9, 2020. Tension headaches were not assigned a compensable rating.,The Veteran's lumbar spine disability is currently rated at 40 percent since November 9, 2020.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence indicating that his lumbar spine disability may be worse than previously assessed. A VA examination is required to assess the current severity of the Veteran's conditions.

The Veteran's initial rating for residuals of a gunshot wound to the right ankle is denied, and he is granted an initial 20 percent rating from November 15, 2006 to January 3, 2021. The Veteran's entitlements for DDD of the lumbar spine and cervical spine are remanded.

The Board has remanded the Veteran's claims of service connection for lumbar spine and left knee disorders due to a lack of substantial compliance with its March 2019 remand. The case is now back before the AOJ for further development.

The Veteran's TBI residuals with seizure disorder and lumbar spine disability are granted as service connection is established for these conditions.

The Veteran's full-time employment status means he is not eligible for a TDIU, as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's acquired psychiatric disorder, other than an anxiety disorder, is found to be related to service. The low back disability and left ankle disability are remanded for further examination and opinion. The cervical spine disability claim is also remanded.

The Veteran's claim for a 10 percent evaluation, but no higher, for neuropathy of the left lower extremity is granted. The Board has also remanded cases regarding service connection for a left shoulder condition and low back condition due to insufficient medical opinions addressing the etiology of these conditions.

The Veteran's claim for a higher disability rating for his lumbar spine disability is denied as the evidence does not show that it was factually ascertainable that the disability increased in severity within one year prior to his increased rating claim, and current medical evidence does not support a higher rating based on limitation of motion or ankylosis.

The Board has remanded the Veteran's claims for diabetes mellitus, low back disability, erectile dysfunction, heart disease, gastroesophageal reflux disease, and allergic dermatitis as part of his increased rating claims. Additional evidence is needed to determine the severity of his migraines and bilateral knee conditions.

The Board has remanded the Veteran's claims for obstructive sleep apnea and a lumbar spine condition due to incomplete VA treatment records and inadequate etiological opinions. The AOJ is instructed to obtain all relevant VA treatment records, including those from South Texas VAHCS, and to provide an updated opinion regarding the etiology of the Veteran's conditions.

The Veteran's service-connected disabilities, including back disability, left lower extremity radiculopathy, right and left big toe joint disabilities, head injury residuals, osteoarthritis of the right hip with limited extension, internal hemorrhoids, peripheral neuropathy of the right toes, and bilateral hearing loss, have prevented him from engaging in substantially gainful employment since January 1, 2016. As a result, TDIU is granted.

The Board has vacated the February 2018 decision on several service connection claims due to a misinterpretation of the line of duty determination. The claims are now remanded for further development, including obtaining missing service treatment records and scheduling VA examinations.

The Board has remanded the claims of service connection for right knee and low back disabilities due to insufficient medical opinions regarding their etiology. The Veteran's active duty service is alleged as a potential cause.