Back / lumbar spine decisions — 2021

The Board has granted service connection for COPD and a lumbar disability, finding that the Veteran's conditions are at least as likely as not incurred during his military service.

The Board has remanded the cases for additional development due to outstanding SSA records and to ensure compliance with all notice and assistance requirements.

The Veteran's claims for service connection have been reopened, but the Board is remanding them due to the need for additional examinations and opinions.

The Board has withdrawn the appeal for service connection of an upper back disability and has remanded the issue of service connection for a low back disability. The Veteran's lower back disability is to be evaluated through a new VA examination.

The Veteran's low back syndrome is currently rated at 10 percent prior to April 10, 2017 and granted a 40 percent rating from that date.,Separate ratings of 10 percent for right lower extremity radiculopathy are granted prior to April 10, 2017 and thereafter; and a separate 10 percent evaluation is granted for left lower extremity radiculopathy.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has remanded the case due to insufficient evidence regarding functional loss during flare-ups prior to July 10, 2017.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining Social Security Administration (SSA) records and VA treatment records.

The Veteran's TDIU claim is remanded due to the inextricability of the issues. The lumbar radiculopathy rating decision will be reconsidered, and a new decision on TDIU will be issued after that.

The Board has decided to remand two issues: entitlement to a temporary total evaluation based on convalescence following treatment for service-connected lower back condition and entitlement to a TDIU due to service-connected conditions. The AOJ is required to obtain private medical records, conduct additional examinations, and refer the matter to the Director of Compensation and Pension Service for consideration as to whether a TDIU is warranted on an extra-schedular basis.

The Board has remanded the claims for further development due to inadequate prior VA examinations and failure to provide adequate reasons or bases in the decision.

The Veteran's appeal for an increased rating for his service-connected degenerative changes, lumbar spine at L4-L5, was denied as the evidence did not show that he met the criteria for a higher rating under DC 5242.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for lumbar strain and entitlement to TDIU due to inadequate VA spine examination reports. The Veteran is required to provide updated private healthcare provider records, and a new VA spine examination must be conducted.

The Board denied service connection for a lumbar spine disability and granted a 10 percent rating, but not higher, for left eye pseudophakia with corneal and conjunctival scarring. The claim for an initial compensable rating for bilateral dry eye syndrome was remanded.

The Board has dismissed the appeals of claims for effective dates earlier than January 29, 2018 for service connection for bilateral hearing loss and tinnitus. The appeal is REMANDED for further development on issues including low back disorder, diabetes mellitus type 2, psychiatric disorders, and bilateral hearing loss.

The Board denied service connection for Degenerative Joint Disease (DJD) of all joints, other than the lumbar spine and Respiratory disability including Chronic Obstructive Pulmonary Disorder (COPD) and emphysema. The decision found that there was no evidence to support these conditions were incurred or aggravated by service.

The Veteran's claims for service connection were denied. The right hip disorder and flat feet claims are denied as new evidence did not relate to an unestablished fact necessary to substantiate the claim, and there was no aggravation of pre-existing conditions. Bilateral hearing loss is granted, but back, left hip, and knee disorders are denied.

The Veteran withdrew his appeals regarding the claims of service connection for pinguecula, an initial compensable rating for bilateral cataracts, an initial rating in excess of 10 percent for low back disability, and an initial rating in excess of 30 percent for an acquired psychiatric disorder.

The Board has remanded the claim for a low back disability due to insufficient evidence and need for an addendum opinion. The Veteran's service treatment records do not provide sufficient information on his back condition during service.

The Veteran's request for restoration of a 20 percent rating for low back degenerative disc disease is granted. The claims for an increased rating for bipolar disorder and TDIU are remanded due to outstanding records.