Back / lumbar spine decisions — 2021

The Board denied the Veteran's claim for service connection for a disability manifested by joint and muscle pain, including lumbar strain due to lack of evidence showing that the condition had its onset in service or was related to an in-service disease, injury, or event.

The Veteran's appeal is being remanded due to the need for additional development and medical opinions regarding his service-connected lumbar spine disability, as well as a heart disability that may be secondary to his service-connected Grave's disease.

The Veteran's TDIU claim is granted. The Board finds that the Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, particularly PTSD and right knee/lumbosacral spine disabilities. His initial rating claims are remanded as new examinations are necessary given the lack of adequate testing in previous VA examination reports.

The Board denied the Veteran's claims for SMC based on need for regular aid and attendance, compensation under 38 U.S.C. § 1151 for back disability, bilateral foot disability, and leg disability due to lack of evidence showing he is in need of regular aid and attendance or permanently bedridden.

The Veteran's neck disorder is being remanded for further development as the VA medical opinion did not address his lay statements regarding the onset and continuity of symptoms.

The Veteran's left leg numbness is found to be etiologically related to his service-connected lumbar spine disability. The claims for increased initial ratings for the service-connected lumbar and cervical spine disabilities are remanded.

The Board has remanded the cases for further action due to procedural errors and need for additional evidence. Specifically, a VA examination is required to determine if the Veteran needs aid and attendance, and the matter of TDIU prior to October 1, 2012 must be referred to the Director, Compensation Service.

The Veteran's bilateral shoulder disability and lumbar spine disability were denied. The bilateral shoulder disability was not service-connected, and the lumbar spine disability did not meet the criteria for a higher rating.

The Board denied higher ratings for the Veteran's low back and left ankle disabilities, finding that the criteria for a rating higher than 40 percent for the low back disability have not been met. The criteria for a rating higher than 20 percent for the left ankle disability have also not been met.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection of a lumbar spine disorder, pes planus, and gastrointestinal (GI) disorders. However, the claim for service connection of pes planus is reopened due to the submission of new evidence. The case is REMANDED for further development regarding the nature and etiology of the Veteran's pes planus, neck disorder, and GI disorder.

The Veteran's appeal for higher ratings for coronary artery disease and lumbar degenerative disc disease has been remanded due to the need for further development.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the effective date for the grant of service connection for PTSD was appropriately assigned as July 15, 2013.

The Veteran's claim for increased ratings for his low back disability was denied as the evidence did not show that he met the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's low back condition is granted service connection. The right lower extremity tingling and numbness are related to the in-service hamstring injury, but not due to his service-connected low back condition. The left ankle condition is related to an in-service injury.

The Board has granted service connection for a low back condition.,The appeal concerning entitlement to service connection for an acquired psychiatric disorder, to include as secondary to the service-connected bilateral knee degenerative joint disease is dismissed.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions do not render her incapable of securing or following any substantially gainful employment.

The Board has remanded the case for further development, including obtaining a VA examination to assess the impact of the Veteran's medications on his lumbar spine disability. The claim for SMC based on aid and attendance is also being remanded.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent prior to October 19, 2019, and in excess of 40 percent thereafter for service-connected lumbar spine DDD; entitlement to a separate rating for erectile dysfunction as a neurological manifestation of lumbar spine DDD; and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected lumbar spine DDD.

The Veteran's service-connected disabilities, including depressive disorder, diabetes mellitus, and multiple orthopedic conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has reopened the claims for service connection for arthritic pain in the hands, arms, back, and legs; a low back disability; a right knee disability; and a left knee disability. The claim for hepatitis C was also reopened.