Back / lumbar spine decisions — 2021

The reduction of the rating for residuals, low back injury with degenerative disc disease and arthritis, L4, L5-S1 from 40% to 20% was improper. A restoration of a 40% rating is granted, effective April 1, 2016. The ratings in excess of 10% for radiculopathy of the right lower extremity and left lower extremity are remanded. The entitlement to TDIU is also remanded.

The Veteran's degenerative disc disease and osteoarthritis of the lumbar spine are currently rated at 20 percent, effective January 4, 2019. The appeal for a TDIU is granted.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence to support a link between his current condition and his military service.

The Board found that the Veteran's service-connected disabilities, including degenerative changes of the cervical spine, left knee DJD and meniscal tear, right knee DJD and meniscal tear, and lumbar spine DJD, did not preclude him from securing or following substantially gainful employment at any time throughout the period of appeal. The Board denied his claim for a total rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's service-connected low back disability and radiculopathy have rendered her unable to secure and follow a substantially gainful occupation, warranting TDIU on an extraschedular basis. The need for aid and attendance has also been inferred.

The Veteran's claim for a higher rating for his service-connected lumbar strain is being remanded due to the need for additional medical records from his private doctor.

The Board denied the Veteran's claims of service connection for various conditions, including low back disability, bilateral leg disability, bilateral carpal tunnel syndrome, acquired psychiatric disorder (including depression and major depressive disorder), and bronchial asthma. The evidence submitted was found to be new but not material.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and opinions. The Veteran is presumed to have been on orders during her injuries, meeting the first prong of service connection. However, the second prong was not met as there are no diagnoses related to the claimed conditions.

The Board has remanded the case due to an inadequate VA medical opinion, and a need for further development including obtaining an addendum VA medical opinion.

The Board has remanded both issues for further development, including a thorough examination to assess the current severity of the Veteran's lumbar strain and cervical spine conditions.

The Board has remanded the case due to non-compliance with prior remand directives, specifically regarding the Veteran's statements about his back condition and its onset during service.

The Board has remanded the cases of cervical spine disability, low back disability, bilateral pes planus, and hypertension for additional development. The Veteran's claims are not currently addressed as they pertain to service connection.

The Board has remanded the claims for increased ratings for low back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity due to inadequate examinations in previous decisions. A new examination is required to assess the current severity of these conditions.

The Veteran's low back disability is granted service connection. Increased ratings are granted for left and right knee disabilities, with a total rating based on individual unemployability due to PTSD also being granted.

The Veteran's service-connected disabilities, including thoracolumbar scoliosis with degenerative joint and disc disease, residuals of gunshot wound to the right thigh, mild incomplete paralysis of the sciatic nerve in both lower extremities, preclude him from maintaining substantially gainful employment consistent with his education and work history.

The Board has remanded the service connection and TDIU claims due to a need for further medical opinion regarding whether the Veteran's low back disability is secondary to his service-connected right and left knee disabilities.

The Veteran's tinnitus is granted as service-connected. The claims for bilateral hearing loss, lumbar spine strain with intervertebral disc disease (IVDS), right knee disability, left knee disability, and left ankle disability are remanded due to the need for additional medical examination.

The Veteran's claim for a higher rating for his low back disability is remanded due to the need for additional VA examination and treatment records.

The Veteran's appeal for increased ratings for her degenerative disc disease has been dismissed as she withdrew all remaining issues.

The Board has remanded the claim for an increased rating for a back disability due to inadequate evidence from a previous VA examination. The Veteran will need a new VA examination and range of motion studies, as well as consideration of the new musculoskeletal criteria.