Back / lumbar spine decisions — 2021

The Veteran's service-connected back disability and radiculopathy do not render him unable to secure or follow substantially gainful employment.

The Veteran's GERD is rated at 10 percent, but the Board finds that a higher rating is not warranted based on his symptoms.,For service connection of an acquired psychiatric disorder, diabetes mellitus, and lumbar spine degenerative arthritis, additional development is needed as remanded by the Board.

The Veteran's claim for a higher disability rating for his lumbosacral strain with multilevel degenerative disc disease is remanded due to the need for additional VA examination.

The Veteran's appeals for service connection were dismissed due to his death. The appeal for an initial rating in excess of 30 percent for coronary artery disease was also dismissed as the Veteran died during its pendency.

The Board has reopened the claim for service connection for a back disability and granted service connection for degenerative arthritis of the lumbar spine. The case is remanded to obtain VA treatment records, determine if hypertension is related to active service or aggravated by PTSD and/or sleep apnea, and provide an opinion on whether it was caused by these conditions.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical evidence, including private records from various providers.

The Board has granted service connection for a left foot disability and remanded the issues of service connection for left knee and back disabilities. The Veteran's left foot disability is found to be related to his military service, but the VA examiners have not provided opinions on whether his left knee and back disabilities are secondary to his left foot disability.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) from December 30, 2015 due to his service-connected disabilities.

The Board granted a 20 percent rating for the Veteran's cervical strain with degenerative disc disease and bilateral neural foraminal narrowing, finding that his condition more nearly approximates the criteria for such a rating. The decision also noted that he does not meet the criteria for an increase in excess of 20 percent.

The Veteran's back disability is currently rated at 20 percent, and the Board has ordered a new VA examination to assess its current severity.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, left shoulder and right shoulder disabilities, degenerative joint disease of the lumbar spine, bilateral shoulders, knees, left hand, and wrist, right knee, left knee, left hand wrist degenerative joint disease, hypertension, and erectile dysfunction, preclude substantially gainful employment from June 17, 2008. Therefore, a TDIU is granted for this period.

The Board denied the Veteran's claim for service connection for low back disorder, finding that there was no evidence of a nexus between his current condition and active service. The Court vacated this decision and remanded it to the Board, but the Board found substantial compliance with the remand requirements.

The Board has remanded the claims of service connection for low back injury, neck injury, right ear hearing loss, tinnitus, left elbow disability, and flat feet (pes planus) due to a duty to assist error in obtaining missing service records from Stuttgart, Germany.

The Veteran's service-connected compression fracture lumbar spine with degenerative joint and disc disease, T12-L1 and L4-S1 has been rated at 20 percent since March 22, 2011.

The VA determined that the Veteran's conditions did not warrant a higher rating based on the evidence provided.

The Veteran's claim of service connection for missing teeth has been reopened and granted.,Service connection is granted for a gastrointestinal condition, hemorrhoids, right thumb and hand condition, and low back condition.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and right shoulder disability, finding that the preponderance of evidence is against the award of such.

The Veteran's arthritic spurring lumbar spine is currently rated as 40 percent disabling prior to January 17, 2019 and a temporary total evaluation was in effect from June 25, 2018 to October 10, 2018. The appeal for higher ratings is denied.,The Veteran's urinary incontinence is currently rated as 20 percent disabling prior to August 2, 2012 and a 40 percent rating is sought from that date forward. The appeal for higher ratings is denied.,The Veteran's urinary incontinence is currently rated as 40 percent disabling from August 2, 2012. The appeal for higher ratings is denied.,The Veteran's left ankle fracture is currently rated as 30 percent disabling from April 6, 1998 to August 2, 2012 and a higher rating is sought from that date forward. The appeal for higher ratings is denied.,The Veteran's residuals of ankle fracture with ORIF fusion and traumatic arthritis are currently rated as 40 percent disabling from August 2, 2012. The appeal for higher ratings is denied.,The Veteran's skin rash of unknown etiology is currently rated as 30 percent disabling and a higher rating is sought. The appeal for higher ratings is denied.,The Veteran's left wrist arthritis, status post-fracture, is currently rated as 10 percent disabling from April 12, 2016 and a higher rating is sought. The appeal for higher ratings is granted.,The Veteran's pes cavus associated with degenerative arthritis of the spine is currently rated as 20 percent disabling prior to August 2, 2012 and a higher rating is sought from that date forward. The appeal for higher ratings is denied.,The Veteran's status/post hemorrhoidectomy with residuals hemorrhoids are currently rated as 10 percent disabling and a higher rating is sought. The appeal for higher ratings is denied.

The Board has remanded the case due to incomplete development of evidence, particularly regarding employment history and workplace accommodations during a specific period. The Veteran's service-connected conditions are expected to be evaluated in light of his employment status.

The Board has remanded the issues of increased ratings for lumbar spine degenerative disc disease and left knee arthritis due to additional development being needed.