Back / lumbar spine decisions — 2021

The Veteran's urinary incontinence is associated with his service-connected intervertebral disc syndrome of the lumbar spine. The Board has ordered a remand to obtain additional medical records and an opinion regarding whether the Veteran's condition is aggravated by his service-connected disabilities.

The Board dismissed the appeal for service connection of a right ankle disability. The Veteran's lower back disability and major depressive disorder are granted as secondary to his lower back disability.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's low back disorder is related to service. The case will be sent back for a new opinion from a VA examiner.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation before November 26, 2018. His TDIU is granted for this period.

The Board has decided to remand the Veteran's claims for service connection for a low back disability, as secondary to his service-connected right foot disability and for direct service connection. The case will be returned to the RO for further development.

The appeal for a disability rating in excess of 10 percent for eye movement spasms and photophobia due to TBI (also claimed as sensitivity to light, nystagmus, and convergence palsy) is dismissed.,The appeal for a disability rating in excess of 10 percent for cervical spine degenerative disc disease with cervical strain (previously rated as cervical strain) is dismissed.,The appeal for service connection for right bicep muscle strain is dismissed.,The appeal for service connection for right elbow disability with weakness in the right hand is dismissed.,The appeals for service connection for right knee and left knee disabilities are remanded.,The appeal for loss of feeling of the right hand is also remanded.

The Veteran's bilateral hearing loss claim is remanded, as are his claims for increased ratings and TDIU. The VA will obtain treatment records, schedule examinations, and provide an addendum opinion regarding the etiology of the Veteran's bilateral hearing loss.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is related to his in-service injury. Service connection was denied for a right knee disability due to lack of evidence linking it to service.

The Veteran's mood disorder is rated at 70 percent since January 29, 2013. The Board also granted TDIU and SMC based on statutory housebound status effective June 9, 2014.

The Board has remanded the case due to insufficient medical opinions regarding the onset of the Veteran's low back disability and its relationship to service.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disorder and neck disorder due to inadequate medical opinions in previous VA examinations. The case is now pending for further development.

Service connection is granted for lower back disability and arthritis of the lumbar spine, but service connection for kidney condition remains pending as remanded.

The Veteran's lumbar and right knee disabilities are granted as secondary to his service-connected left knee disability.,Service connection for bilateral hip, foot, and ankle disabilities is also granted as secondary to the service-connected left knee disability.

The Veteran's lumbar disability, right knee disorder (semilunar), and left knee disorder were granted initial ratings of 20 percent each. The effective dates are not specified.

The Board has remanded the case due to inadequate examination for determining the severity of the Veteran's lumbar strain prior to January 28, 2015. The VA examiner must provide a thorough assessment including range of motion studies and consideration of pain during flare-ups.

The Board denied the Veteran's claim for service connection for bilateral shin splints, finding that there was no evidence of a nexus between his current condition and his military service. The TDIU claim was also denied as the Veteran had not been found to be unemployable due to his service-connected disabilities prior to March 2019.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine is granted, with a specific rating of 40 percent effective from September 5, 2017. The claims for increased ratings for traumatic arthritis of the right knee and right hip strain/femur fracture are denied.

The Board has decided to remand the case due to inadequate range of motion testing in a previous VA examination, and requests that an addendum opinion be provided by a qualified examiner.

The Board dismissed the claims of service connection for a back disorder, bilateral hip condition, and left ankle disorder as secondary to the Veteran’s service-connected left first MTP joint disability.

The Board denied the Veteran's claim for a TDIU on an extraschedular basis, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment. The Board also denied DIC benefits under 38 U.S.C. § 1318.