Back / lumbar spine decisions — 2021

The Board has denied the Veteran's increased ratings for his back disability and remanded the issue of entitlement to a TDIU rating. The decision is pending with respect to other claims, including PTSD and asthma.

The Board has granted service connection for a back disability and denied service connection for liver disability (including hepatitis C), diabetes mellitus, type II, and pancreatitis. The back disability is related to an in-service injury, while the liver disability, including hepatitis C, was not related to service. Diabetes mellitus, type II, and pancreatitis are also not related to service.

The Board has granted service connection for a lumbar disorder and awarded a rating of 50 percent for PTSD prior to March 17, 2018. The issue of higher ratings for PTSD since March 17, 2018 is remanded.

The Board has remanded the Veteran's claims of service connection for a low back disability and traumatic brain injury due to outstanding records that need to be obtained, including SSA records and treatment records from United States Public Health Hospital. A VA examination is also needed for both conditions.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's back disability. The claim will be reconsidered after a new examination and opinion are obtained.

The Veteran is granted SMC under 38 U.S.C. § 1114(m) for loss of use of both legs and SMC under 38 U.S.C. § 1114(l) based on the need of regular aid and attendance due to multiple service-connected disabilities other than those indicating that he has loss of use of both legs.,The Veteran is also granted SMC under 38 U.S.C. § 1114(o).,However, the Veteran's entitlement to SMC under 38 U.S.C. § 1114(r)(2) remains pending as it requires a higher level of care which has not been determined.

The Board has dismissed the appeal of the claim for a higher rating for service-connected lumbar strain due to the Veteran's withdrawal. The right ankle sprain claim is remanded for further evaluation.

The Veteran's lower back condition is remanded for a new examination to assess the current severity of his disability and whether he has ankylosis. The propriety of reducing his disability rating from 40 percent to 10 percent is also held in abeyance.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to May 20, 2018. The Board denied the claim for TDIU as there was no evidence showing he was unemployable due to his service-connected conditions.

The Board has remanded the case due to uncertainty regarding whether the low back disability is related to service, specifically an incident involving an ileoinguinal nerve surgery during hernia surgery in November 1973. The examiner should provide a medical opinion on this matter.

The Board has remanded the case due to insufficient reasoning in the May 2018 decision and a need for clarification regarding the Veteran's ability to perform sedentary work.

The Veteran's lumbar spondylolysis with minimal L5 on S1 anterolisthesis and bilateral lower extremity radiculopathy have been granted increased ratings to 40 percent effective December 29, 2014.

The Veteran's service connection claims for left knee disorder, right knee disorder, lumbar spine disorder, and nerve conditions of all four extremities are denied as there is no evidence of a current disability related to his active service.,Service connection was not granted because the Veteran did not have any diagnosed disabilities during or after his military service. The VA examiner concluded that the Veteran's nerve condition of all four extremities was less likely than not due to his active duty service.

The Board has determined that further development is necessary for the Veteran's claims of increased rating for right knee disability, service connection for back disability and sciatica, as well as secondary service connection. The case is being remanded to obtain additional medical opinions.

The Veteran's sleep apnea and back disability were denied as they did not begin during active service or are otherwise related to an in-service injury, event, or disease.,The Veteran's right foot and left foot disabilities were denied as they did not begin during active service or are otherwise related to an in-service injury, event, or disease.

The Veteran's lumbar spine disability is granted an initial rating of 20 percent, effective August 30, 2011. The Veteran's left and right knee disabilities are each granted an initial rating of 10 percent, also effective August 30, 2011.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability and remanded it due to outstanding VA treatment records. The Board also remanded the claims for an effective date prior to March 31, 2010 for PTSD and a rating in excess of 50 percent for PTSD prior to June 25, 2019.

The Board has granted service connection for a left elbow disability, back disability, and left foot disability. The bilateral shoulder disability claim was denied.

The Veteran has withdrawn all claims on appeal, including those related to joint pains, bilateral hearing loss disability, TBI residuals, psoriasis, and other conditions. The Board dismissed these appeals as the Veteran's attorney requested withdrawal of all issues.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to the need for clarification from a VA examiner regarding the Veteran's specific functional limitations from his service-connected disabilities.