Back / lumbar spine decisions — 2021

The Board has remanded the case for further development due to conflicting medical opinions regarding the Veteran's low back disorder and its relationship to his military service.

The Veteran's initial rating for lumbar spondylosis was granted at 40 percent prior to December 10, 2019. From that date onwards, a higher rating is denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from July 13, 2013 onwards.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of new and relevant service department records, resulting in a denial.

The Veteran's symptoms are accounted for by diagnosed conditions, and there is no basis for service connection based on undiagnosed illness or medically unexplained chronic multi-symptom illness.

The Board dismissed the appeal for an extension of a temporary total rating based on surgery for a service-connected back disability, as this issue was already decided in a previous June 2018 decision.

The Board denied the Veteran's claims for an increased rating for dorsolumbar spondylosis and service connection for chronic fatigue syndrome. The back disability was rated at 40% from August 29, 2017 to November 4, 2018. Service connection for chronic fatigue syndrome was denied due to lack of a current diagnosis.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include psychiatric disorders, dissociative amnesia, low back condition, left leg condition, and right leg condition.

The Board has dismissed all service connection claims and rating appeals due to the Veteran's death.

The Veteran's degenerative disc disease to the cervical spine is related to his military service and has been granted.

The Board has remanded the case due to insufficient opinions regarding the relationship between the Veteran's current disabilities and his service, as well as the potential aggravation of these conditions by service-connected disabilities.

The Board has dismissed the Veteran's appeals for higher ratings and reopening of service connection claims related to his knee conditions, low back strain, tinnitus, and hepatitis C.

The Board has remanded the cases due to inadequate examination reports and failure to consider flare-ups as required by Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's lumbar spine disability during a flare-up or after repetitive use over time.

The Veteran's claim for bilateral hearing loss was denied. The Veteran received a 70% evaluation for service-connected depression, effective October 24, 2018. Claims for secondary service connection for neck disorder and upper back disorder were remanded, as well as claims for low back disorder.

The Board denied the Veteran's requests for earlier effective dates for separate ratings of 10 percent for left lower extremity radiculopathy and a 20 percent rating for his back disability, finding that the evidence did not support earlier effective dates based on the criteria provided.

The Board denied service connection for bilateral hearing loss, right knee disability, left foot disability, and right foot disability. The lumbar spine disability was granted a 20% rating but not in excess of that.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to June 17, 2010 was denied as his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.,On August 13, 2015, the Veteran's TDIU claim from that date forward was also denied because none of his service-connected conditions (other than adjustment disorder with mixed anxiety and depressed mood) on their own or collectively met the criteria for a total disability rating based on individual unemployability.

The Board denied the Veteran's claim for service connection for a back disorder, finding that there was no evidence of chronicity or continuity of symptomatology during service and insufficient medical opinion to establish a nexus between current disability and service.

The Board has remanded the Veteran's claims of service connection for left knee, right knee, and back conditions due to insufficient medical opinions regarding their etiology. The Veteran is asked to provide information about her treatment records from military facilities and a private doctor.