Back / lumbar spine decisions — 2021

The Veteran's lumbar spine disability was granted a temporary total rating for convalescence following medical procedures and surgery from December 11, 2009 to January 6, 2010, and from September 13, 2013 to February 25, 2016.

The Veteran's cervical spine disorder is rated at 30 percent, effective from February 25, 2021. The left upper extremity radiculopathy is also rated at 30 percent.

The Board has decided to remand the Veteran's claims for service connection for low back and left leg disabilities due to insufficient medical opinion regarding aggravation of pre-existing conditions during service.

The Board has denied service connection for a back disorder and remanded the issue of service connection for an acquired psychiatric disorder.

The Veteran's claim for higher special monthly compensation (SMC) is denied because the evidence does not show he has any other disabilities or symptoms that would warrant a higher level of SMC.

The Board has determined that the Veteran's right ankle and right knee disabilities are related to service, but his low back disability and headache disability have not been established as being related to service. The claims for these conditions are remanded for further development.

The Veteran's PTSD was granted a higher initial rating of 70 percent prior to November 24, 2015. A TDIU was also granted for the same period.

The Board has remanded the cases of service connection for left ear hearing loss and lumbar spine disability due to insufficient evidence. The Veteran needs to provide VA medical records, an audiological examination, and a physical examination.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's combined service-connected disability picture prevents him from obtaining and maintaining substantially gainful employment consistent with his educational and occupational background.

The Board has denied service connection for Multiple Sclerosis, finding that the evidence does not support a finding of direct service connection. The Veteran's claim for TDIU is granted.

The Veteran's service-connected migraines and low back disability prevented her from securing and following substantially gainful employment prior to October 12, 2020.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU from March 16, 2010, to June 17, 2013. The adverse symptomatology caused by his service-connected conditions were both contemplated and considered in the rating schedule.

The Board has reopened the claims for service connection of RLE neurological disorder, LLE neurological disorder, and acquired psychiatric disorder. However, it denied service connection for a right ankle disorder due to lack of evidence linking the current condition to service.

The Veteran's back disability is rated at 40 percent effective August 19, 2011. The initial compensable rating for erectile dysfunction and the initial ratings in excess of 40 percent for left and right lower extremity radiculopathy are denied. A TDIU is granted.

The Veteran's left knee instability is granted a rating of 20%, but the lumbar spine degenerative arthritis remains at 20%.

The Veteran's TBI and sinusitis have been granted service connection. The lumbar spine, right shoulder, left knee, right knee, left eye, and left kidney disabilities are remanded for further examination.

The Board has granted service connection for tinnitus, finding that the Veteran's symptoms began during active duty and have persisted since. Service connection for a lower back disorder is denied as there is no evidence of an in-service injury or disease.

The Veteran withdrew his appeal for an increased rating of his service-connected lumbar spine disability, and the Board dismissed the appeal as a result.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for hypertension, lumbar spine disability, and erectile dysfunction. The claims are being remanded for further examination and opinion.