Back / lumbar spine decisions — 2021

The Veteran's lumbar spine disorder and radiculopathy were granted increased ratings effective October 15, 2020. The disability was rated at 40 percent for the lumbar spine disorder.

The Veteran's claims for increased ratings for thoracolumbar strain, sciatic radiculopathy of the right and left lower extremities have all been denied by the Board. The criteria for higher disability ratings were not met in any of these cases.

The Veteran's claim for service connection for a low back disorder has been reopened and granted.,Service connection is also granted for PTSD and unspecified depressive disorder, both due to military sexual trauma.

The Board has remanded the Veteran's claims for service connection and initial rating of chronic rhinitis due to missing treatment records and outdated medical opinions. The Veteran needs to provide VA with his complete medical history, especially regarding his low back disability.

The Veteran's neck disability is being remanded for additional examination and opinion. His right knee, hip, and thigh disabilities are also being remanded for additional examinations to determine their current severity. The Veteran's lumbar spine DDD L5-S1 with limited motion and radiculopathy of the left lower extremity claims are also being remanded for further development.

The Board has remanded the Veteran's claims for additional development due to missing records and need for further medical opinions.

The Board has remanded the claims for a respiratory disability and lumbar spine disability due to insufficient evidence.,Service connection is not granted for either condition as there is no direct evidence linking them to service.

The Veteran's PTSD is granted at a rating of 70 percent, but no higher. The VA has remanded the cases for further development and evaluation.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not prevent him from securing or following substantially gainful employment.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's back surgery was caused by VA fault or an unforeseeable event.

The Board has remanded the Veteran's claims for service connection due to incomplete service treatment records and need for additional medical opinions.

The Veteran's low back disability is granted service connection, while the sinus disability issue is remanded for further development.

The Veteran's PTSD was granted a 70% rating, and his right upper extremity cervical radiculopathy prior to December 6, 2018 was also granted a 40% rating. The Veteran's right upper extremity cervical radiculopathy since December 6, 2018 is denied any increase in rating beyond the current 40%. A TDIU was granted effective June 20, 2020.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent prior to December 12, 2012, and a rating in excess of 40 percent from December 12, 2012, for his service-connected lumbar spine disability due to insufficient examination reports. The Veteran is also remanded for a VA examination to assess the severity of his lumbar spine disability during the period prior to December 12, 2012.

The Veteran's appeals have been dismissed as he withdrew his claims for higher ratings prior to August 23, 2011, for his cervical spine and low back disabilities.

The Board has remanded the case for a retrospective opinion due to inadequacies in the April 2012 VA back examination, and the matter of TDIU prior to September 2, 2020 is also being remanded.

The Board has denied the Veteran's claims of service connection for residuals from a head injury, headache disorder, lumbar spine disorder, cervical spine disorder, bilateral shoulder disorder, and bilateral knee disorder. The evidence does not support finding that these conditions are related to service.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that his current condition is less likely than not related to his military service and did not manifest within one year of separation.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability due to new and material evidence. The case is remanded for further development, including obtaining medical records and an opinion regarding whether the condition preexisted service and was not aggravated by service.

The Veteran's claims for an initial compensable rating for bilateral hearing loss, service connection for a lumbar spine disability, and service connection for a cervical spine disability have all been denied. The Board found that the evidence did not support a finding of service connection or entitlement to compensation based on the current disabilities.