Back / lumbar spine decisions — 2021

The Veteran's initial disability ratings for right shoulder DJD and cervical spine DDD have been granted at 20% and 20%, respectively, effective April 21, 2011.

The Veteran's cervical spine DDD has been rated at 20 percent prior to January 25, 2021 and increased to 30 percent thereafter. The claim for a higher rating is denied.,The Veteran's lumbar spine DDD continues to be rated at 20 percent. The claim for a higher rating is denied.,The Veteran’s service-connected disabilities do not preclude substantially gainful employment, thus the TDIU claim is denied.

The Board has remanded the claims for service connection due to issues related to obesity and its impact on erectile dysfunction, gout in feet, cervical disc condition, low back condition, and bilateral pes planus. The Veteran's service-connected psychiatric disability is alleged to have caused or aggravated these conditions.

The Board has granted service connection for lumbar spine strain and left knee strain, but denied service connection for gastrointestinal disorder and migraines. The case is remanded for further development regarding WPW syndrome and right foot disability.

The Board has granted the Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to his service-connected back disability. The Veteran requires assistance with activities of daily living, including bathing, dressing, and preparing meals.

The Veteran's claim for service connection for a back condition with secondary right hip and leg pain is remanded due to new evidence received since the February 2005 denial. The claim for seg and somatic dysfunction of the pelvis, as secondary to a back condition, is also remanded.

The Board has granted service connection for arthritis of the lumbar spine based on a finding that the Veteran experienced chronic symptoms during service and continuous symptoms since service separation, meeting the criteria for presumptive service connection under 38 C.F.R. § 3.303(b).

The Board has determined that further development is needed to determine the etiology of the Veteran's lumbar and cervical spine disabilities, as well as his acquired psychiatric disorder. The claims are being remanded for additional examinations and opinions.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the lumbar spine disorder. The Veteran's in-service fall and subsequent complaints need to be addressed by a VA examiner.

The Veteran's appeal for a temporary total disability rating for his back disability has been withdrawn, and the issue is dismissed.

The Board has denied the Veteran's claims for service connection for a right hand disability, left foot disability, and back disability. The appeals have been remanded to obtain additional medical opinions regarding these conditions.,The Veteran was not provided with VA examinations or medical opinions for his acquired psychiatric disorder and migraine headaches.

The Board has remanded several issues related to the veteran's conditions, including hemorrhoids and rhinitis. The VA treatment records need to be obtained as they were scanned into a system but not copied.

The Board denied service connection for lumbar spine disability, finding that the Veteran's condition was not related to his military service. The left shoulder condition claim is being remanded due to insufficient evidence.,Service connection for both conditions will be evaluated again based on new evidence provided since the previous denial.

The Veteran's service-connected disabilities, including PTSD, lumbar disc herniation, and left knee patellofemoral syndrome, do not render him unemployable prior to February 5, 2016.

The Veteran's appeal has been dismissed for the issue of a rating in excess of 10 percent for left knee arthroscopy. The claim for PTSD was reopened, but service connection remains remanded due to insufficient evidence. Service connection for low back and right ankle conditions is also remanded.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine was denied. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, ankylosis, loss of use, or incapacitating episodes during the appellate period.

The appeal for service connection of degenerative joint disease of the thoracolumbar spine has been dismissed due to the appellant's death.

The Veteran has withdrawn their appeals regarding the issues of a higher initial disability rating for service-connected lumbar spine disability, an increased disability rating for PTSD in excess of 30 percent prior to June 27, 2016, and in excess of 50 percent from June 27, 2016 through February 25, 2018, and an increased (compensable) disability rating for service-connected right ankle scarring.

The Board has remanded the cases for additional development due to incomplete medical opinions and other issues. The Veteran's acquired psychiatric disability, spine disabilities, and bilateral leg numbness are all being reviewed again.

The Veteran's claim for a higher rating for cervical strain with degenerative disc disease is denied.,The Veteran's claims for service connection for acid reflux and ulcerative colitis/inflammatory bowel disease are remanded for further development.