Back / lumbar spine decisions — 2021

The Board has remanded the claim of an initial rating higher than 20 percent for degenerative disc and joint disease of the lumbosacral spine due to inadequate examination in a previous VA examination.

The Veteran's claims for increased ratings for his low back disability and left elbow tendinitis were denied as the evidence did not support a higher rating under the applicable VA regulations.

The Veteran's appeal is remanded for further development and consideration of his claims, including a TDIU claim prior to January 10, 2018.

The Veteran's service-connected migraine and back condition have rendered him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Veteran was granted TDIU for the period from February 21, 2019 to November 7, 2019 and from November 19, 2020. SMC was also granted effective November 7, 2019.,Prior to February 21, 2019, the Veteran's combined disability rating did not meet the requirements for a schedular TDIU rating. However, due to his employment status and service-connected disabilities affecting his ability to work, an extraschedular TDIU was granted.

The Veteran withdrew his claims for increased ratings for lumbar spondylosis with degenerative arthritis and right lower extremity radiculopathy.

The Veteran's previously denied claims for right knee, back, and left knee disorders are reopened. The Board finds new and material evidence has been received to support these claims. However, the issues of service connection for these conditions remain pending as they have not yet been fully adjudicated.

The Board has granted service connection for a back disability and left lower extremity radiculopathy, finding that the evidence is at least in equipoise as to whether these conditions originated during active duty service. The decision also grants secondary service connection for left lower extremity radiculopathy.

The Board has remanded the Veteran's claims of service connection for diabetes mellitus, hypertension, GERD, bilateral leg disability (claimed as a gait condition), right shoulder disability, bilateral shoulder disability, neck disability, lower back disability, right knee disability, and left knee disability due to their potential secondary relationship with her service-connected PTSD.

The Veteran's lumbar spine disability is rated at the minimum level of 10 percent, and no higher. The Board denied all secondary service connection claims for various foot, hand, cervical spine, shoulder, and knee disabilities.

The Board has reopened the claim for service connection of a low back disability and granted it, finding that new evidence supports a relationship between the Veteran's current condition and his active duty service.

The Board has remanded the Veteran's claims for bilateral foot disability, pancreatitis, breast cancer and any residuals thereof, and back disability due to incomplete STRs and need for additional medical opinions.

The Board has remanded the claims of service connection for degenerative arthritis of the lumbar spine and hypertension due to insufficient evidence or lack of continuity of symptoms since service.

The Board has granted service connection for a low back disability and an acquired psychiatric disorder (MDD) on a secondary basis to the Veteran's now service-connected low back disability.,The evidence is at least in equipoise as to whether the Veteran’s current diagnosed acquired psychiatric disorder, MDD, was caused by his now service-connected low back disability.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted entitlement to a TDIU with an effective date of April 10, 1999. From January 26, 2009 onwards, he is also entitled to SMC under the provisions of 38 U.S.C. § 1114(s).

The Board has granted service connection for low back pain or strain and left knee pain or strain, finding that the Veteran's symptoms began during his active duty in Iraq.

The Board denied an increased disability evaluation for lumbosacral-spine disorder, finding that the Veteran's forward flexion of the thoracolumbar spine was never below 30 degrees and no higher rating is warranted.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to August 21, 2009.

The Board has remanded the Veteran's claims for degenerative disc disease of the lumbar spine, benign prostatic hypertrophy, and right lower extremity radiculopathy due to inadequate opinions regarding flare-ups and functional impairment.

The Veteran's initial rating for left lower extremity radiculopathy has been granted at a 20% level, effective from the date of claim. The service-connected lumbosacral strain with degenerative joint disease and IVDS remains rated at 40%. There is no indication of unfavorable ankylosis or incapacitating episodes for intervertebral disc syndrome.