Back / lumbar spine decisions — 2021

The Veteran's lumbar spine disability is rated at 40 percent throughout the period on appeal, with limitations in forward flexion of the thoracolumbar spine to 30 degrees or less.

The Board has denied a higher rating for sinusitis and granted service connection for neck strain. The cases of gastritis, insomnia, and low back disability are remanded for further evaluation.

The Veteran's tinnitus is granted as service-connected. The Board has expanded the psychiatric claim to include all acquired psychiatric disabilities, and it is remanded for further examination and opinion regarding these claims. Gout, right lower extremity disability, left lower extremity disability, bilateral hearing loss, chronic liver disease (including hepatitis C), and back disability are also remanded due to lack of sufficient medical evidence.

The Board denied the Veteran's claims of service connection for left knee disability, low back disability, and left shoulder degenerative disease (arthritis) due to a lack of credible evidence linking these conditions to his military service.

The Veteran's right elbow scar is granted service connection. The Board also found that the Veteran has a current lumbar spine disorder, but did not determine if it was related to his military service.

The Veteran is granted TDIU for his service-connected disabilities prior to May 26, 2020 and TDIU solely due to PTSD beginning May 26, 2020. SMC at the housebound rate is also granted starting from May 26, 2020.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 20 percent for lumbar spine multilevel disc desiccation with herniated extruded nucleus pulposus on the right at L4/L5 and paravertebral muscle spasms, entitlement to a total disability rating based on individual unemployability (TDIU) prior to November 24, 2010, and entitlement to an initial disability rating in excess of 10 percent for degenerative disc disease of the cervical spine.

The Veteran's appeals for service connection and higher initial ratings are remanded due to the need for additional medical opinions regarding his claimed conditions.

The Veteran's claim for service connection of a low back disability was denied.,PTSD with alcohol use disorder received initial ratings of 30% prior to December 11, 2019 and 70% from that date.

The Veteran's left lower extremity radiculopathy is rated at 20 percent since July 14, 2012. The TDIU claim is granted from July 24, 2007 through July 13, 2012.

The Board has remanded the issues of service connection for low back, cervical spine, and left knee disabilities due to in-service motor vehicle accident (MVA). The Veteran's claims are referred for further examination and opinion regarding the etiology of her current disabilities.

The Board has remanded the case due to failure to comply with prior remand instructions and inadequate statement of reasons and bases. The Veteran's claim for service connection for a low back disability is being returned for further adjudication.

The Board has found that there has not been substantial compliance with the directives of its September 2020 remand and thus requires another remand to adjudicate the Veteran's claim for service connection for a lumbar spine disability.

The Veteran's claims for increased ratings and service connection have been remanded by the Board of Veterans' Appeals due to inadequate VA examinations and incomplete development.

The Veteran's service-connected right foot disability is found to have proximately caused his back disability. The Board has granted service connection for a back disability, but the issues of service connection for an acquired psychiatric disorder (including PTSD and depressive disorder) and sleep apnea are remanded.

The Board has decided that the Veteran's claims for service connection and TDIU are remanded due to additional VA records being added to the case file.

The Board denied service connection for a back disability, left leg disability, bilateral hearing loss, tinnitus, and an acquired psychiatric disorder. The Board found that the Veteran's current disabilities were not incurred in or caused by his military service.

The Board has remanded the cases of service connection for a left knee disability and a back disability due to inadequate medical opinions. The Veteran contends that his current disabilities are related to his service-connected right knee disability.

The Board has remanded the claims for service connection for low back and left knee disabilities due to additional evidence being added to the file. The RO will consider this new evidence in its first instance.

The Board has determined that additional development is needed to determine the nature and etiology of any current low back, cervical spine, hearing loss, tinnitus, hepatitis C, acquired psychiatric disorder (including major depressive disorder and posttraumatic stress disorder (PTSD)), bilateral pes planus, and a cervical spine disorders. The case is REMANDED for these purposes.