Back / lumbar spine decisions — 2021

The Board has remanded the cases for further development and consideration, including addressing new evidence submitted by the Veteran.

The Board has dismissed all service connection claims due to the Veteran's death.

The Veteran's claim for service connection for PTSD with major depression is granted. Service connection for a low back disorder, bilateral hearing loss disability, and right knee/leg weakness are also granted. An effective date earlier than December 3, 2012, for nonservice-connected pension benefits is denied.

The Board has remanded the cases for new VA examinations to determine the current severity of the Veteran's back disability and bilateral radiculopathy.

The Veteran's claim for a higher rating for his service-connected chronic lumbar strain is being remanded due to insufficient information in the history and lack of substantial compliance with previous Board directives.

The Veteran's disability rating for degenerative arthritis of the thoracolumbar spine was granted at a 60 percent evaluation from May 20, 2019, to November 5, 2020.

The Board denied service connection for a left hip condition and TDIU on both schedular and extraschedular bases due to lack of evidence linking the condition to service or service-connected back condition.

The Board has remanded the case due to insufficient evidence and the need for a VA examination to determine the nature and etiology of the Veteran's back disability.

The Veteran's increased rating claim for cervical spine degenerative arthritis and degenerative disc disease is denied as the current disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board has remanded the claims for bilateral hip disabilities and a back disability due to insufficient evidence regarding current disabilities, credibility of lay statements, and need for further examination.

The Board has reopened the Veteran's claims for service connection for right ankle disability and low back strain, but has determined that additional development is needed before these claims can be adjudicated on their merits.

The Veteran's back disability is currently rated at 20 percent prior to September 20, 2018 and 40 percent thereafter. The Veteran also received a rating of 30 percent for radiculopathy in the bilateral lower extremities beginning September 20, 2018.,The Veteran was granted TDIU effective November 15, 2017.

The Board has remanded the claims for a low back disability and TDIU prior to August 16, 2018 due to the need for additional examinations and medical opinions. The Veteran's service-connected disabilities include a low back disability with associated radiculopathy of the lower extremities.

The Board has remanded the issues of service connection for a low back condition and lung cancer due to exposure to ionizing radiation. The Veteran is considered a 'radiation-exposed veteran' based on his participation in Operation Hardtack, an atmospheric nuclear test series conducted at the Pacific Proving Ground in 1958.

The Veteran's right hip osteoarthritis is granted service connection. The rating for his back condition, radiculopathy affecting the femoral nerve and sciatic nerve are denied. The left knee lateral instability is granted a 10% rating effective May 20, 2019.

The Board has granted a rating of 40 percent for the Veteran's lumbar spine disability, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the case due to insufficient evidence regarding the Veteran's upper back disability, specifically whether it is related to in-service recurrent episodes of upper back pain. The Veteran was provided with a new VA examination and an addendum opinion.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his thoracolumbar spine disability and for entitlement to TDIU due to the need for a new VA examination.

The Veteran's TDIU claim is remanded due to the need for updated VA treatment records and a new examination of his lumbar spine disability.

The Veteran is rendered unemployable as the result of his service-connected disabilities prior to July 10, 2018. The Board finds that the evidence supports a finding that the Veteran’s service-connected disabilities precluded him from performing sedentary work prior to July 10, 2018.