Back / lumbar spine decisions — 2021

The Veteran's TDIU claim is remanded as the Board finds that there may be pathology beyond what is contemplated by the schedular criteria and which may interfere with his employment opportunities.

The Veteran's service-connected disabilities, including PTSD and MDD with additional conditions like atherosclerotic cardiovascular disease, chronic lumbosacral strain, left elbow epicondylitis, bilateral plantar fasciitis, left shoulder tendonitis, bilateral tinnitus, and hypertension, have rendered him unable to secure and maintain substantially gainful employment prior to February 19, 2015. The Veteran is now eligible for a TDIU based on his MDD with PTSD alone, which meets the criteria for SMC at the housebound rate.

The Board has dismissed the Veteran's appeals as he withdrew all his pending appeals through his authorized representative.

The Board has granted service connection for an acquired psychiatric disorder, including MDD, SSD, and agoraphobia with panic attacks, as secondary to the Veteran's service-connected migraine headaches. Service connection was denied for psoriatic arthritis, fibromyalgia, cervical spine condition, low back condition, and sleep disorder.

The Board has reopened the claim for service connection for a low back disability due to new and material evidence. The case is remanded for further development, including an examination to determine the nature of the Veteran's current low back condition and its relationship to service. Service connection for psychiatric disabilities (to include PTSD) is also remanded.

The Veteran's lumbar spine disability was rated at 10 percent prior to December 6, 2019, and at 20 percent thereafter. The Board found that the evidence did not support a higher rating for any period.

The Board has remanded the claims for service connection for back, neck, right knee, and left knee disabilities due to a lack of VA examination. The Veteran's lay testimony and personnel records suggest possible service connection.

The Veteran is granted a rating of 40 percent for his low back disability starting from October 23, 2020.,Separate ratings of 10 percent are granted for left and right lower extremity radiculopathy effective July 19, 2016 and October 23, 2020 respectively.

The Veteran's claims for increased ratings for his service-connected lumbar strain, sciatic nerve paralysis (left lower extremity radiculopathy), left knee chondromalacia, and right knee chondromalacia are being remanded due to procedural issues with the medical opinions provided in previous examinations.

The Veteran's claims for service connection are remanded due to insufficient medical opinions regarding the onset and relationship of his chest pain, bilateral foot disability, back disability, and bilateral leg condition to his military service.

The Board has remanded the case due to incomplete service records and a need for an opinion regarding whether the appellant's preexisting back disability was aggravated by his military service.

The TDIU claim is being remanded because it is intertwined with two other claims that are still pending before the RO. The appeal period for these issues has not expired, and a decision should be deferred until the claims regarding psychiatric disability and radiculopathy have been finally decided.

The Board has remanded the cases for further development due to inadequate opinions from the January 2020 VA examiner. The effective date of service connection is denied as there was no prior claim for right foot tendonitis.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's low back disorder, specifically her acute lumbar strain, DDD, DJD, and facet arthropathy. The examiner is requested to provide an opinion on whether these conditions are related to service or any non-service-related factors.

The Board has remanded the case due to incomplete development regarding the Veteran's duty status during her claimed injury on federalized National Guard service in September 1991. The claim will be reconsidered with further information.

The Veteran's claim for increased ratings and TDIU related to his lumbosacral degenerative arthritis is being remanded due to the need for additional development, including obtaining updated VA treatment records and a retrospective medical opinion.

The Veteran was granted a total disability rating for compensation purposes based on individual unemployability due to service-connected disabilities from February 1, 2005.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to outstanding VA treatment records, incomplete examination reports, and the need for additional examinations. The issues are inextricably intertwined.

The Veteran's service-connected conditions, including irritable bowel syndrome and left knee symptoms, have been granted. The rating for irritable bowel syndrome has been increased to 30 percent effective from April 28, 2016.

The Board has remanded the cases due to insufficient opinions from the VA examiner regarding whether the Veteran's back and hip disabilities are secondary to his service-connected varicose veins. The AOJ must obtain new opinions addressing these issues.