Back / lumbar spine decisions — 2021

The Board has dismissed the claim for service connection for right-forearm disorder and denied the other claims. The Court has vacated those decisions and remanded the claims to the Board for action consistent with a Joint Motion for Remand (JMR). The JMR states that the Board did not provide an adequate statement of reasons or bases for dismissing the forearm claim, and it also indicates errors in denying service connection for thoracolumbar spine, right knee, left and right-hand/thumb, and migraine headache disorders. The Veteran's failure to report for scheduled examinations without stating good cause is noted.

Service connection is granted for degenerative disease of the lumbar and thoracic spine, which is linked to the Veteran's service in airborne operations and special forces.,Service connection is also granted for lung pathology including lung cancer and parenchymal/interstitial lung disease, which are associated with asbestos exposure during service.

The Veteran's claim for increased ratings and TDIU was denied as the evidence did not show that his service-connected back disability prevented him from securing or following substantially gainful occupation.

The Veteran's lumbar degenerative disease with dextroscoliosis/IVDS is granted at a 40 percent rating, effective from May 25, 2016. The Veteran's left and right lower extremity radiculopathy are each granted at a 10 percent rating.

The Veteran's service-connected migraine headaches and lumbosacral strain have prevented her from securing or following a substantially gainful occupation since at least April 10, 2007. The Board has determined that the criteria for referral to the Director of Compensation Service for an extraschedular TDIU are met.

The Veteran's surviving spouse is being substituted as the claimant for service connection of degenerative disc disease of the lumbar spine. However, due to missing SSA records related to the disability onset date, a remand is required to obtain these records.

The Veteran's service-connected disabilities, including fibromyalgia and major depressive disorder, are found to preclude her from securing and following substantially gainful employment prior to July 21, 2020. The case is remanded for further development.

The Veteran's appeals for increased ratings and TDIU have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the pendency of the appeal.

The Board has denied the Veteran's claims for service connection of various conditions, including a right leg disorder, bilateral shoulder disorders, back disorder, bilateral hip disorders, bilateral hearing loss, heart disorder, erectile dysfunction, and headache disorder. The appeals are now remanded for further development.

The Board has decided the case is remanded due to inadequate medical opinions and missing treatment records. The Veteran's low back disability may be related to service, but not directly. Service connection for the condition as secondary to a service-connected left foot injury cannot be established.

The Veteran's service-connected disabilities, including lumbosacral strain, esophageal hiatal hernia with narrowing of esophagogastric junction, unspecified anxiety disorder, osteoarthritis with calcified peri-tendinosis in both shoulders, and dermatitis, eczematous, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on the combined rating of at least 70 percent for his service-connected disabilities.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claims for thoracolumbar spondylosis, degenerative disc disease without radiculopathy, and cervical spine disability. A new VA examination is required to determine if these conditions are related to service.

The Veteran's intervertebral disc syndrome with lumbar spine degenerative arthritis is currently rated at 20 percent, and his left lower extremity radiculopathy was granted a 20 percent rating prior to July 16, 2015. However, the claim for a higher rating since that date remains denied.

The Board has determined that the Veteran's current lower back condition is related to his military service, and thus grants service connection for this disability.

The Board has granted service connection for a low back disorder, diagnosed as spondylosis and sacralization of the lumbar spine. The case is remanded to determine if the Veteran's hypertension is secondary to her service-connected PTSD.

The Veteran's lumbar spine strain and acquired psychiatric disorder are not rated higher than the current 10 percent levels.

The Board has found that additional development is needed for the Veteran's claims of higher ratings for his cervical spine and knee disabilities, as VA examinations were not conducted as requested in a previous remand. The case is being returned to the RO for these purposes.

The Veteran's appeal for increased ratings for his lumbar spine disability and TDIU is being remanded due to the need for additional medical opinions regarding the severity of his service-connected conditions, specifically addressing flare-ups. The VA will also obtain updated treatment records and request an updated VA Form 21-8940 from the Veteran.

The Board denied service connection for degenerative arthritis of the lumbar spine, finding that there was no evidence linking the current condition to service.

The Veteran's initial disability ratings for his thoracolumbar spine, right knee, left knee, right ankle, and left ankle partial tear of the anterior talofibial ligament disabilities have been denied. The Veteran's initial compensable rating for migraine headaches has also been denied. His TDIU claim is remanded.