Back / lumbar spine decisions — 2021

The Board has remanded the cases due to inextricability with another appeal and failed to issue a supplemental statement of the case (SSOC) as directed. The issues are now pending for readjudication.

The Veteran's lumbar spine disorder is granted, and a rating of 20 percent is assigned. The left knee arthritis and instability remain denied.

The Veteran's service connection for bilateral hearing loss is granted as his active service aggravated a pre-existing condition.,Service connection for an acquired psychiatric disorder, including PTSD, is denied as there is no current diagnosis.

The Veteran's bilateral hearing loss is currently rated at 10 percent prior to July 2, 2019 and at 30 percent thereafter. The Board finds no basis for a higher rating in either period.,The Veteran's degenerative joint disease of the lumbar spine is currently rated at 20 percent prior to June 24, 2019 and at 40 percent thereafter. The Board finds no basis for a higher rating in either period.,TDIU has been remanded as the Veteran indicated he could not work due to his service-connected disabilities.

The Board has remanded the case due to incomplete VA examination and lack of substantial compliance with previous remand directives. The Veteran's claim for an initial evaluation in excess of 20 percent for right leg neurologic manifestations of a low back disability is being reviewed.

The Veteran's lumbar spine disability was granted a 40 percent rating from September 26, 2016 to August 31, 2020.,Since September 1, 2020, the Veteran's lumbar spine disability is rated at 40 percent.

The Veteran's appeal for a higher rating on his right knee disability and service connection for his back disability were both remanded by the Board. The right knee case was denied, while the back disability issue is to be addressed again with new evidence.

The Veteran's right shoulder disability was denied as not related to service.,The Veteran's thoracolumbar sprain and left ankle sprain were both denied as warranting a rating in excess of 10 percent.,A TDIU was granted beginning March 30, 2017.

The Board has remanded the Veteran's claims for diabetes mellitus, stroke, lumbar spine disorder, left knee disorder, right knee disorder, hypertension, left hip disorder, and right hip disorder due to inadequate addendum opinions from a VA examiner.

The Board denied service connection for low back, left hip, and right hip disabilities as there was no credible evidence of a nexus between the current conditions and service. The Veteran's reported fall during ACDUTRA did not result in any documented injuries or treatment.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, which does not meet the criteria for a higher rating. The Veteran's tension headaches are rated at 30 percent, meeting the criteria for this level of disability. The Veteran's right knee disability remains at 10 percent.

The Board has remanded the case for additional development regarding the Veteran's claim for service connection for a back disability, as there is insufficient evidence to determine if his condition was related to active duty service.

The Veteran is granted a total disability rating for compensation purposes based on individual unemployability (TDIU) due to his service-connected disabilities, with the most probative evidence showing he is unable to secure and follow substantially gainful employment.

The Board denied the Veteran's claims for service connection for gallbladder condition, hiatal hernia, hypertension, and type II diabetes mellitus. The rating for lumbar spine disability was also denied. However, a separate 10 percent rating was granted for right lumbar radiculopathy, and a 70 percent rating was granted for adjustment disorder with anxiety and depressed mood.

The Board has remanded the case due to insufficient development of vocational rehabilitation and functional capacity evaluations, which were not provided by a vocational rehabilitation counselor as directed in the previous August 2019 remand. The Veteran's service-connected conditions include posttraumatic stress disorder, right lower extremity radiculopathy, lumbosacral strain, right hip osteoarthritis, gastroesophageal reflux disease, and several other disabilities.

The Board has determined that additional evidence is needed and remands the case for further development, including obtaining VA treatment records and conducting new examinations to address service connection claims.

The Board has denied the Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathy. The case is remanded to obtain new examinations to assess the severity of the Veteran’s lower extremity radiculopathy.

The Board has decided to remand the case due to the need for an additional VA examination to determine if the Veteran's back condition is related to service.

The Veteran's appeals for service connection on the merits have been dismissed due to withdrawal of appeal. The claims for reopening were granted, and new evidence was submitted in support of these claims.

The Veteran's appeals for service connection on the merits have been dismissed due to their death.