Back / lumbar spine decisions — 2021

The Veteran withdrew his appeal for a higher rating for lumbar spine degenerative disc disease with IVDS, and the Board dismissed the case as a result.

The Board has remanded the claims for service connection for bilateral ankle, knee, hip, and shoulder conditions as well as a low back condition due to insufficient evidence on secondary service connection.

The Board has remanded the claims for service connection and increased rating for various disabilities due to insufficient medical opinions regarding the relationship of these conditions to service.

The Board has remanded the claims for service connection for cardiac disability, higher initial ratings for left shoulder and back disabilities, and entitlement to a TDIU due to service-connected disabilities. The Veteran's employment history needs clarification, and VA treatment records need to be obtained.

The Board has remanded the case for further development to determine the nature and etiology of the Veteran's lumbar spine disorder, including whether it is related to service or a service-connected condition.

The Veteran's lumbar-sacral strain and GERD have been restored to their original ratings of 20 percent and 10 percent, respectively.

The Veteran's claim for service connection for lumbosacral strain (claimed as major back pain (upper and lower)) was granted in a February 2021 rating decision, which constitutes a full grant of benefits. As the benefit sought on appeal has been granted, there remains no case or controversy with respect to this issue.

The Veteran's initial evaluation for lumbar arthritis with IVDS and spondylolisthesis was granted at a 20 percent rating, which is the highest available under the applicable diagnostic codes.

The Board has remanded the case for additional development, including verification of in-service stressors and an addendum opinion addressing psychiatric disorders. The Veteran's back disorder is denied as not related to service, while his acquired psychiatric disorder is remanded.

The Board has dismissed the appeals seeking service connection for various disabilities as the Veteran's death made it impossible to proceed with the claims.

The Board has decided to remand the Veteran's claims for service connection for various disabilities, including back disability, right eye disability, hypertension, bleeding ulcers, and stroke. The VA is instructed to obtain any outstanding records and provide the Veteran with appropriate VA examinations.

The Veteran's application to reopen his claim for service connection for an aneurysm was granted. Service connection is denied for the remaining conditions: emphysema, heart disability, prostate cancer, back disability, bilateral knee disabilities (left and right), and bilateral lower extremity peripheral neuropathy (right and left).

The Veteran's back disability is rated at 20 percent, which is the maximum rating available under VA regulations.,The Veteran's right knee disability based on limitation of motion is rated at 40 percent, which is the maximum rating available under VA regulations.,The Veteran's left knee disability based on limitation of motion is rated at 40 percent, which is the maximum rating available under VA regulations.,The Veteran's left knee instability is rated at 10 percent.

The Board has dismissed the Veteran's appeal for service connection of diabetes mellitus. The remaining issues have been remanded.

The Veteran's right ear pain claim is denied as there is no diagnosed disability.,A rating of 30 percent for cervical spine disorder effective January 31, 2012, and increased to 40 percent effective November 6, 2020.

The Veteran's lumbar myofascial strain is currently rated at 20 percent prior to September 3, 2020 and the Board has remanded for further development. The right eye macular scar remains rated at 10 percent.

The Board has remanded the Veteran's claims for service connection due to uncertainty regarding whether his spine and hip disabilities preexisted service, as well as the need for additional medical records.

The Board has remanded the Veteran's claims for entitlement to service connection for a low back disability and whether new and material evidence has been submitted to reopen her claim for service connection for bilateral carpal tunnel syndrome due to inadequate examination reports and procedural issues.

The Veteran's claim for service connection for a lower back disability is being remanded due to new evidence received after the prior denial. The Board will determine if his current condition is related to service.

The Veteran's claim for a total disability rating based on unemployability (TDIU) prior to December 6, 2000 is being remanded due to the need for referral to VA's Director of Compensation Services for consideration of an extraschedular TDIU rating under 38 C.F.R. § 4.16(b).