Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings for his thoracolumbar and cervical spine disabilities are being remanded due to the need for additional medical opinions regarding muscle spasms.

The Board has remanded the Veteran's claims for an increased rating for lumbosacral paraspinal muscle strain, a separate rating for bowel or bladder impairment, and entitlement to TDIU due to duty-to-assist errors in obtaining relevant medical opinions.

The Board has determined that the claim for service connection for low back disability is remanded. The claim for service connection for neuropathy of bilateral upper extremities remains pending and will be addressed in a separate decision.

The Veteran's claims for service connection of back, neck, and right ankle disorders are being remanded due to a duty to assist error. The case will be reviewed with the submission of updated medical evidence.

The Veteran's claim for service connection was granted on April 3, 2018 with effective date of April 3, 2018. The conditions include intervertebral disc syndrome (IVDS) of the lumbar spine and radiculopathy of the right lower extremity femoral nerve and sciatic nerve.

The Board has remanded the claims for service connection for various disabilities due to a pre-decisional duty-to-assist error in not obtaining all relevant service treatment and personnel records. The Veteran is not entitled to service connection for obesity as it is not considered a disease or injury for which direct or secondary service connection may be granted.

The Veteran's appeal has been withdrawn for his claim of service connection for a right eye condition. Service connection is granted for intervertebral disc degeneration of the lumbar spine. The claims for service connection for left hip, right hip, left shoulder, and right shoulder conditions are remanded.

The Veteran's migraines, mesenteric carcinoid tumor of the ileum, liver cancer, and lymph node cancer are all found to be related to service. However, her back disability is not found to be related to service.,For the period on appeal, a rating of 70 percent for major depressive disorder has been granted.

The Board has remanded the claims for lumbar strain with degenerative arthritis of the spine and episcleritis due to a pre-decisional duty to assist error. The Veteran is to be presumed credible for the limited purpose of this examination.

The Veteran's PTSD rating is restored to 70% effective September 1, 2019.,The Veteran is granted TDIU from September 21, 2015.

The Veteran's claim for service connection for a back disability is denied as there is no evidence of a current disability or causal relationship to service.

The Board denied the Veteran's claims for service connection for a low back disability and for a compensable disability rating for bilateral hearing loss, finding no evidence of a causal link between his current conditions and his military service.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, resulting in a TDIU from October 23, 2018. His right and left lower extremity radiculopathies are rated at 20 percent each.

The Board has denied service connection for a lumbar strain (lumbar spine disability) and right ear hearing loss. The Veteran's claims for coronary artery disease (CAD) and type 2 diabetes are remanded due to the need for additional development regarding herbicide exposure.,The Board has denied service connection for right ear hearing loss. The Veteran's claim for coronary artery disease (CAD) and type 2 diabetes is remanded due to the need for additional development regarding herbicide exposure.

The Veteran's claim for an initial rating of 70 percent for major depressive disorder prior to June 16, 2020 is granted. The claim for a rating in excess of 70 percent thereafter is denied. Service connection for a low back disability is denied. TDIU is granted.

The Board denied service connection for the Veteran's left shoulder condition, finding that there was no evidence of a current disability or in-service injury and concluding that any present shoulder issues were less likely caused by his service-connected back problems.

The Board has remanded the case for further development and review, including consideration of an extraschedular rating for the Veteran's low back disorder. The TDIU claim is also being remanded.

The Veteran's claim for an increased disability rating for his lumbosacral strain with degenerative arthritis is being remanded due to the need for a new VA examination and consideration of outstanding VA treatment records.

The Veteran's bilateral hearing loss and degenerative changes in the right foot joints are granted as service-connected.,Service connection is also granted for a left foot disability, but the issue of back disability remains pending.

The Veteran's cervical strain and right rotator cuff tendinitis were rated at 20 percent each, with the lumbosacral strain rated at 10 percent. The appeals for higher ratings have been denied.,The Veteran was not granted any additional ratings as his conditions did not meet the criteria for a higher rating under the applicable VA regulations.