Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for service connection for post-operative lumbar fusion and arrhythmia, including as secondary to herbicide exposure. The remand requires VA to seek additional records and provide an addendum opinion regarding the etiology of the Veteran's conditions.

The Board has remanded several claims related to the Veteran's bilateral pes planus, low back disability, radiculopathy, knee disabilities, and right knee scar. The specific issues include seeking higher ratings for these conditions as of May 29, 2018, and prior to that date.

The Veteran's appeal for service connection of a low back condition has been dismissed due to the death of the appellant.

The Board has determined that the Veteran's service-connected conditions prior to April 4, 2013 prevented him from securing and maintaining gainful employment consistent with his educational background and employment history.

The Board denied service connection for chronic lumbar spine and cervical spine disorders, finding that the evidence did not show a diagnosis of these conditions during or within one year after active service, nor was there any link to service.

The Board has reopened the Veteran's claims for service connection for PTSD, an acquired psychiatric disability, a respiratory condition including asthma and sleep apnea, and a back condition. The cases are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not prevent him from securing and maintaining employment, despite significant physical and mental impairments.

The Board has granted service connection for cervical spine arthritis and lumbar DDD, and an initial increased evaluation of PTSD to 70 percent. The Veteran's PTSD is currently rated at 70 percent.

The Board has remanded the claims for a rating in excess of 20 percent for mechanical low back pain with degenerative changes of the lumbosacral spine, ratings for left and right lower extremity radiculopathy, and entitlement to TDIU due to service-connected disabilities. The issues are related to the severity and frequency of flare-ups.

The Board denied the Veteran's claim for a rating in excess of 20 percent for her service-connected low back disability, finding that the evidence did not support an increased evaluation at any time during the period on appeal.

The Veteran's claim for a higher rating and separate ratings for radiculopathy due to his lumbar spondylosis is being remanded as the current VA examination did not account for potential flare-ups of the disability, which may affect its severity.

The Board has remanded the Veteran's claims for service connection due to inadequate nexus opinions provided by a VA examiner in January 2017. The Veteran is seeking service connection for back, neck, and breathing conditions.

The Board has granted service connection for tinnitus and denied service connection for hearing loss, a back disability, hypertension or high blood pressure, and diabetes mellitus.

The Veteran's lumbosacral strain is rated at 20 percent since April 28, 2019. His right lower radiculopathy and left lower radiculopathy are also rated at 20 percent each.

The Veteran's initial and increased rating claims for degenerative joint and disc disease of the lumbar with chronic lumbar strain are denied.,Service connection secondary to service-connected PTSD is remanded for further development.

The Veteran's initial rating for his service-connected cervical spine DDD was increased to 10 percent in a June 2019 rating decision. The Board denied an initial higher rating, but the Court granted a JMPR vacating that portion of the decision. This matter is being remanded due to inadequate examination and need for additional development.

The Board denied a rating in excess of 20 percent for lumbosacral strain with arthritis, finding the evidence against finding flexion limited to 30 degrees or less.

The Board has determined that the Veteran's cervical spine disability is related to his service-connected lumbar strain with mild scoliosis and kyphosis. The issues of increased ratings for lumbar strain, left lower extremity radiculopathy, and TDIU are remanded.

The Board has remanded the case due to insufficient compliance with previous directives and the need for a supplemental medical opinion regarding the etiology of the Veteran's mild dextroscoliosis.