Back / lumbar spine decisions — 2021

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the case.

The Board denied service connection for degenerative disc disease of the lumbar spine and spondylosis of the cervical spine, finding that these conditions are not related to active military service.

The Veteran's service connection claim for basal cell carcinoma was granted. The Board found that the current diagnosis of basal cell carcinoma is related to his military service, and resolved all doubt in favor of the Veteran.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and development of records.

The Board denied service connection for low back, neck, right knee, and left knee disabilities. The evidence did not establish a nexus between these conditions and the Veteran's active duty service.

The Veteran is granted TDIU on a schedular basis from November 8, 2017. The Veteran's previously service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to December 1, 2016.

The Board has denied service connection for bilateral hearing loss and remanded the claim of service connection for a low back disorder, to include spondylolisthesis. The case is now being returned to the AOJ for further review.

The Veteran's service-connected conditions do not meet the criteria for SMC based on need for regular aid and attendance or by reason of being housebound.

The Board has granted service connection for lumbar spine disability and cervical spine disability, finding that the Veteran's current conditions are not related to his military service.

The Veteran's low back disability was rated at 20% prior to April 7, 2013 and at 40% as of that date. The Board denied increased ratings for both periods.

The Board has found that further evidentiary development is necessary and remands the case to ensure compliance with prior remand instructions. The Veteran's back condition and nerve conditions are being examined again due to his reported worsening.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied as the evidence did not show flexion to 30 degrees or less, ankylosis, or incapacitating episodes.,The Veteran's claim for a temporary total rating (TTR) based on convalescence following surgery in December 2016 was also denied due to lack of documentation showing required convalescence period.

The Veteran's claim for service connection for a right knee disability is reopened, and the cases of rating greater than 10 percent for a left knee disability and service connection for a back disability are remanded.

The Board has remanded the case due to missing service treatment records and a need for a VA examination to determine the etiology of the Veteran's low back disorder.

The Veteran's service-connected disabilities, including PTSD, low back disability, bilateral hip arthritis, and sciatic nerve radiculopathy, have rendered him unable to secure or maintain substantially gainful employment since January 9, 2006. The decision grants a total disability rating due to individual unemployability from that date.

The Veteran's claims for increased ratings were partially granted. He was awarded a separate 10 percent rating from October 2, 2020, for instability of the right knee. The other claims remain denied.

The Board has remanded the Veteran's claims due to the need for new VA examinations to assess the severity of his service-connected right knee, left knee, and low back disabilities. The current evaluations are 10 percent for all conditions.

The Board has remanded the claims for service connection due to new and material evidence having been received, but the underlying merits of the claims remain in dispute. The Veteran's current disabilities are being evaluated as secondary to his service-connected right ankle disability.

The Board denied service connection for a low back disability, bilateral hearing loss, hypertension, and peptic ulcer disease. The Veteran's low back disability was not related to an in-service injury or disease. His bilateral hearing loss was not secondary to his service-connected disabilities and was not otherwise related to an in-service injury or disease. His hypertension was not secondary to a service-connected disability and was not otherwise related to an in-service injury or disease, including exposure to herbicide agents.,The Veteran's peptic ulcer disease was also denied as it was not secondary to his service-connected disabilities.

The Board denied service connection for a right shoulder disability and an increased rating for cervical spondylosis with foraminal stenosis at C6-C7. The Veteran's right shoulder disorder is not considered service-connected, and the current evaluation of 10% for cervical spine disability prior to December 23, 2014, remains unchanged.