Back / lumbar spine decisions — 2021

The Board has remanded the cases due to incomplete records and further development is required.

The Veteran's claim for service connection for sleep apnea secondary to his service-connected disabilities was denied. The Veteran's claim for an increased rating of 40 percent for spinal fusion of the thoracolumbar spine prior to July 20, 2016 is granted.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and obtaining SSA records. The Veteran's spine disability will be evaluated again.

The Veteran's lower back disability is being remanded for further development.,A 10% rating for bilateral sensorineural hearing loss from February 21, 2019, is granted. The appeal regarding the initial compensable rating prior to that date remains pending.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as his forward flexion has improved over time and he does not have limitation of motion to 30 degrees or ankylosis.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's low back disability and his service, specifically including a fall that occurred after he stepped in a hole and twisted his ankle. The Veteran also contends that his low back pain is related to falls associated with his service-connected diabetic peripheral neuropathy.

The Board has remanded the claims for additional development due to the Veteran's failure to report for VA examinations and provide requested medical records. The issues of service connection for a back disorder, including lower extremity symptoms, and increased rating for osteoarthritis of the left knee are being addressed.

The Veteran's claims for service connection for chronic fatigue syndrome and muscle pain in the back and legs have been dismissed.,Service connection has been granted for sleep apnea, but an initial compensable rating for chronic bronchitis remains denied.

The Board has remanded the case for additional development regarding the Veteran's claim of general joint pain, as no opinion was provided on this issue in the previous November 2020 VA opinions.

The Board has remanded the Veteran's TDIU claim due to issues with proper notice and development, including verifying his current address and obtaining necessary medical opinions.

The Board has granted service connection for a thoracolumbar spine disability, finding that the Veteran's current diagnosis is at least as likely as not related to his active military service.

The Board has determined that the Veteran's claims of service connection for a lumbar spine disability, sinus disability, and sleep apnea are remanded due to unresolved issues related to in-service environmental exposure. The Veteran asserts his current conditions are linked to his military service, particularly his in-service environmental exposures.

The Veteran's hearing loss claim is denied as it did not manifest in service and is otherwise not related to his in-service noise exposure. The Veteran's lumbar spine disability prior to November 5, 2020, was found to have limited forward flexion of the thoracolumbar spine to 80 degrees with a combined ROM of 220 degrees, without ankylosis or other disabling conditions. Since then, there is no evidence of unfavorable ankylosis. The Veteran's right shoulder disability claim remains pending as it was granted in a separate decision.

The Veteran's thoracolumbar spine disorder is rated at 20% prior to July 18, 2018 and 40% since then. The Board found no evidence of ankylosis or incapacitating episodes meeting the criteria for a higher rating. TDIU on an extraschedular basis was granted effective July 18, 2018.

The Veteran's disability ratings for lumbar spine disorder and PFB were restored, while other issues remain under review.

The Veteran's claims for service connection for high cholesterol, sleep apnea, and a thoracolumbar spine disorder have been dismissed due to withdrawal of the appeal. The claim for hypertension has been granted but denied. Claims for headaches and an acquired mental disorder were also granted.,Service connection was not established for any of the conditions listed.

The Board has remanded the case due to incomplete records and requests for additional information. Service connection for a low back disability is still pending.

The Board has remanded the Veteran's claims for service connection for a back condition and lumbar radiculopathy due to incomplete records and need for further medical examination.

The Veteran's TDIU and SMC based on need for aid and attendance claims have been denied due to the lack of evidence showing he is unable to secure or follow a substantially gainful occupation solely as a result of his service-connected disabilities.

The Veteran is granted an effective date of October 22, 2008 for a total rating based on individual unemployability (TDIU) and Dependent's Educational Assistance (DEA). The TDIU was awarded due to service-connected disabilities that rendered the Veteran unable to secure or follow a substantially gainful occupation. DEA benefits were also granted as of October 22, 2008.