Back / lumbar spine decisions — 2021

The Board has determined that there was not substantial compliance with the October 2020 remand orders and a new VA examination is needed to determine if the Veteran's back disability is related to his military service.

The Board has remanded the case due to an inadequate opinion from a previous VA examiner, and now requires an addendum medical examination to determine if the Veteran's low back disability is causally related to her service.

The Veteran's spine disability was granted a 50% rating from July 22, 2013 onwards. The initial period of August 27, 2007 to July 22, 2013 remains at 20%. The decision also remanded the issue of increased rating for polyradiculopathy.

The Veteran's cervical spine disability is currently rated as 10 percent disabling from August 6, 2006, to June 9, 2013, and from August 1, 2013, to July 21, 2015. The thoracolumbar spine disability is currently rated as 20 percent disabling from August 6, 2006, to February 11, 2008, and from April 1, 2008, to August 25, 2015. These ratings are being remanded for further development.,The Veteran's TDIU claim is also being remanded as part of the spine issues on appeal.

The Board has remanded the Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine, patellofemoral syndrome of the right knee, allergic rhinitis, and hypertension due to a lack of recent VA examinations. The Veteran is also being remanded for a TDIU claim as her service-connected disabilities have prevented her from obtaining or maintaining substantially gainful employment.

The Veteran's claim for service connection for the residuals of corneal ulcer with infiltrate, left eye has been reopened. The appeal is remanded for further evaluation and rating of his other service-connected disabilities.

The Board has determined that further development is needed for the issues of service connection for a back disorder, shoulder disorders, and headaches. The AOJ should obtain an advisory opinion from an independent medical expert to address the nature and etiology of any current back disorders.

The Board denied the Veteran's claims for service connection for a low back disability, an increased rating in excess of 70 percent for PTSD from June 13, 2012 to July 11, 2014, and TDIU prior to September 1, 2014. The Board found that the evidence did not support a finding that the Veteran's low back disability was related to his active duty service.

The Board has remanded the claims of service connection for a lumbar spine disorder and broken teeth due to missing records, including dental records from the Navy Dental School, SSA disability benefits records, and updated VA treatment records.

The Board has decided that the Veteran's low back condition should be remanded for further examination and opinion due to insufficient reasoning in the previous VA examination.

The Veteran's DDD is currently rated at 40 percent, and the Board finds that his symptoms do not warrant a higher rating. The appeal for increased ratings of right and left hip strains remains pending.

The Board has remanded the Veteran's claims for service connection for a back disability and right knee disability due to incomplete medical records and failure to consider all of the Veteran's contentions.

The Board has found that additional development is needed for the Veteran's claims of higher initial ratings for vesicular tinea pedis, service connection for a back disability, right lower extremity neuropathy (claimed as secondary to low back disability), left lower extremity neuropathy (claimed as secondary to low back disability), and a headache disability. The Board has specifically requested additional VA examinations and opinions regarding the progression of the Veteran's skin condition, the etiology of his back disability and associated neuropathy in his lower extremities, and the cause or aggravation of his headache disability.

The Board denied the Veteran's claim for service connection for headaches, finding that there is no evidence to support a causal relationship between his headaches and his military service or his service-connected cervical spine degenerative disc disease.

The Veteran's appeal for higher ratings for his low back disability is being remanded due to the need for additional evidence and readjudication.

The Veteran's appeals have been dismissed as he has withdrawn his claims prior to the Board making a decision.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran is entitled to TDIU from June 5, 2018, to October 1, 2018, due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has determined that the previous remand directives were not substantially complied with and requires further development for a medical opinion regarding the nature and likely etiology of the Veteran's low back disability.

The Veteran's service-connected disabilities, including sleep apnea, ADHD, and multiple musculoskeletal conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted his claim for a total disability rating based on individual unemployability (TDIU).