Back / lumbar spine decisions — 2021

The Board has granted service connection for hemorrhoids and denied service connection for low back condition and cervical spine condition. Service connection is granted for the gastrointestinal disorder other than GERD, but not for the low back or cervical spine conditions.

The Board has remanded the cases for additional development and examination to determine if service connection can be granted for various disabilities, including bilateral hearing loss, low back disability, upper respiratory disability, TBI, and sleep apnea.

The Veteran's appeals for service connection and disability ratings have been dismissed due to his withdrawal of all active appeals.

The Veteran's lumbar disability is rated at 40 percent, effective from the date of the decision. The initial ratings for left lower extremity radiculopathy and left knee disability are denied.

The Veteran's need for regular aid and attendance of another person due to service-connected disabilities was established since May 25, 2016. The Board granted special monthly compensation based on this need.

The Board has denied service connection for a thoracolumbar spine disability, claimed as secondary to the Veteran's service-connected right knee disability. The case is remanded for further examination and opinion regarding the Veteran's left knee and bilateral hip disabilities, both of which are also claimed as secondary to his service-connected right knee disability.

The Board has granted an increased rating of 40 percent for the Veteran's lumbar spine disability, effective from August 28, 2015 and November 30, 2020. The decision is based on findings that the Veteran’s symptoms more nearly approximate forward flexion of 30 degrees or less throughout the appeal period.

The Board has granted the reopening of claims for service connection for schizophrenia, a cervical spine disability, a lumbar spine disability, hearing loss, and PTSD. The claim for service connection for gout remains denied.

The Veteran's claim for a higher rating for his back disability was denied, but he was granted a total rating based on individual unemployability (TDIU). The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or at least 6 weeks of incapacitating episodes.

The Board has decided to remand the case due to outstanding treatment records and a need for a VA examination to clarify the diagnosis of the Veteran's back disability and its etiology.

The Board has remanded the Veteran's claims for earlier effective dates due to missing records from November 1973 to January 1992. The claims are inextricably intertwined with the lumbar disability claim.

The Board has determined that the Veteran's low back disability is related to service, and therefore grants service connection for this condition.

The Veteran's appeal for higher ratings for his low back disability was dismissed as the Veteran withdrew all remaining issues associated with this appeal.

The Board has remanded the cases for further development and evaluation due to inconsistencies in the service-connected conditions and their impact on the Veteran's disability ratings.

The Board has remanded the claims for service connection of cervical spine, left shoulder, right shoulder, left elbow, and right elbow conditions due to insufficient evidence in the record.

The Veteran's lumbosacral spine degenerative arthritis and strain, sleep apnea, major depressive disorder with anxiety disorder, and cellulitis have been granted service connection. Effective June 29, 2017, the Veteran has also received a 100 percent schedular rating for his major depressive disorder with anxiety disorder.

The Veteran's lumbosacral strain is granted as service connected, with the injury occurring during qualifying service in the National Guard on October 28, 2000.

The Board has remanded the case due to insufficient information about the Veteran's work history, which is necessary for determining eligibility for total disability based on individual unemployability. The issues of service connection for low back disorder and major depressive disorder have been resolved.

The Board has dismissed the appeals for service connection of various conditions, including prostatic hypertrophy and aortic aneurysm, as well as claims for increased ratings. The appeals were dismissed due to the death of the appellant.

The Board has denied the Veteran's claims for service connection of a right ankle disability and lumbar spine disability, finding no evidence to support these claims. The claim for vasovagal syncope is remanded due to insufficient medical opinions.,The Veteran's claim for reopening his previous denial on lumbar spine disability was not successful as new and material evidence was not submitted within one year of the September 2017 rating decision.