Back / lumbar spine decisions — 2021

The Board has remanded the case due to an inadequate medical opinion in a previous decision, requiring further examination and evaluation.

The Veteran's right ear hearing loss and cervical spine degenerative disc disease were granted service connection. However, the increased ratings for his cervical spine disability prior to January 25, 2020, are granted with a 20% rating, while those from that date onwards are denied. The Veteran's radiculopathy issues remain under review.

The Board has remanded the claims for bilateral hearing loss, low back disability, left knee disability, and left toe disability due to inadequate medical opinions in previous examinations. The Veteran's service connection claims are being returned for further development.

The Veteran's lumbosacral strain and left knee disability are rated at 20 percent, but the Board finds that a higher rating is not warranted for either condition.

The Veteran's appeal has been dismissed due to his death. The issues of service connection for a back disability, increased ratings for keloid scars and hemorrhoids, and an effective date for cardiomyopathy with congestive heart failure have become moot.

The Board has decided to remand three issues: the rating for radiculopathy of the bilateral lower extremities, the rating for lumbar DDD, and service connection for a respiratory disability other than allergic rhinitis. The Veteran will need additional examinations and evidence to determine these matters.

The Veteran's gastrointestinal and lumbar spine disabilities were denied service connection as they are not related to his military service.

Your service connection claims for degenerative arthritis of the thoracolumbar spine and lumbar spine radiculopathy with bilateral sciatic nerve involvement have been granted. The appeal is dismissed as these issues are no longer in dispute.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition is not related to his in-service injury. The Board also denied service connection for left hand and shoulder disabilities due to lack of evidence showing these conditions were incurred or aggravated by service.,Service connection was denied as there was no credible evidence linking the Veteran’s current lumbar spine disability, left hand disability, or left shoulder disability to his military service.

The Veteran's lumbar spine disability and left lower extremity radiculopathy are granted service connection. The right knee MCL laxity is denied.,TDIU benefits for service-connected disabilities are granted from October 7, 2012.

The Veteran was found to be unable to secure and follow a substantially gainful occupation due to his service-connected back and heart disabilities prior to August 18, 2009.

The Board has denied the Veteran's claim for service connection of a low back disability as secondary to his service-connected knee disabilities, finding that obesity is not an intermediate step between these conditions and the claimed low back disability.

The Board has decided to remand the Veteran's claims for lumbar spine disability and respiratory disability due to service in the Persian Gulf War. The VA examinations provided inadequate opinions, and more development is needed.

The Board has remanded the case due to challenges raised by the Veteran regarding the qualifications of the VA examiners who provided opinions on sleep apnea. The AOJ is required to obtain and provide information about the credentials of these examiners.

The Board has remanded the issues of service connection for left and right lumbar radiculopathy and vertigo due to complications with his diabetes mellitus.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, thus entitling him to special monthly compensation based on the need for aid and attendance. The issue of SMC based on being housebound is dismissed as moot due to the grant of SMC by reason of aid and attendance.

The Board denied service connection for PTSD, BPH, sleep apnea, and several other conditions due to a lack of current diagnoses or credible evidence linking these conditions to the Veteran's military service.,Service connection was granted for tinnitus.

The Board has remanded the cases for further examination and rating of the Veteran's service-connected low back disability and neck disability due to incomplete range of motion testing in previous examinations.

The Veteran's thoracolumbar spine disability was granted an initial rating of 20% prior to April 21, 2016. From April 21, 2016 to February 22, 2017, the Veteran received a 40% rating for his thoracolumbar spine disability. The Board denied a higher rating for this period and remanded the issues of bilateral knee disability and TDIU from June 1, 2011 to July 8, 2013.

The Veteran's lumbar spine disability is rated at 40 percent throughout the pendency of this claim. Ratings for his left and right lower extremity sciatic nerve disabilities are also granted.