Back / lumbar spine decisions — 2021

The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 20 percent, and her radiculopathy of the right lower extremity is separately rated at 10 percent effective January 20, 2021. The Board denied an increased rating for the back disability.

The Board has determined that the Veteran's current lumbar strain disability was not incurred in active service and is not otherwise etiologically related to an in-service disease or injury, thus denying his claim for service connection.

The Veteran's service-connected degenerative arthritis of the lumbar spine is rated at 40 percent, and his TDIU claim is granted. The Board found that he cannot secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the claims for service connection due to inadequate VA examinations and failure to address outstanding medical records. The Veteran's lumbar spine disability and lung disability are being reviewed again with new evidence consideration.

The Board has dismissed the appeals for service connection for low back disability, right knee disability, and bilateral hearing loss as they are not related to active duty service.

The Board has remanded the Veteran's claims for service connection for back and cervical spine disabilities due to additional development being needed.

The Board has remanded the Veteran's claims of service connection for psoriasis, arthritis (including arthritis of the hand, fingers, and right shoulder), and a back disability due to additional evidence being associated with his case.

The Veteran's claims for clothing allowances were denied as he does not have service-connected disabilities that warrant the use of qualifying knee braces or a wheelchair.

The Veteran's back disability is being remanded for further development, including obtaining retroactive medical examinations and treatment records. The TDIU claim is also being remanded as it is inextricably intertwined with the increased rating issue.

The Board denied the Veteran's claims of service connection for bilateral pes planus, low back disability, bilateral ankle disability, left knee disability, and bronchitis. The decision also found that there was no clear and unmistakable error in the November 1985 and September 1987 rating decisions denying these conditions.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, increased ratings for left and right lower extremity radiculopathy, due to insufficient evidence in the record. The issues have been returned to the AOJ for further development.

The Veteran's headaches, characterized as migraines and paroxysmal hemicrania, are rated at 50 percent disabling. The Board finds that the current rating adequately reflects her disability.,The Veteran's lumbosacral strain is currently rated at 20 percent. The Board finds that the current rating adequately reflects her disability.,The Veteran's cervical strain is currently rated at 20 percent. The Board finds that the current rating adequately reflects her disability.

The Board has remanded the claims for service connection for back, right hip, left hip, right knee, and left knee disabilities due to incomplete compliance with previous remand directives.

The Veteran's service-connected low back condition, characterized as degenerative arthritis L4-L5 and L5-S1 with a paracentral disc protrusion or herniation displacing the right S1 nerve root, is now rated at 20 percent.

The Board has remanded the Veteran's claims for service connection for low back disability, right lower extremity condition, and left lower extremity condition due to a lack of nexus opinions in the record.

The Veteran's increased disability ratings for DDD and DJD of the lumbar spine, cervical spine, left shoulder, and tension headaches are granted with an effective date of December 1, 2013.

The Board denied the Veteran's claim to reopen his service connection for a low back disability, finding that new and material evidence had not been received.

The Veteran's service-connected disabilities, including Major Depressive Disorder, Lumbar Spine Disability, and Neuropathy of the lower extremities, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment, thus his claim for total disability rating based on individual unemployability is denied.

The Board has granted service connection for a low back disability, but denied service connection for bilateral hearing loss.