Back / lumbar spine decisions — 2021

The Veteran's appeals for lumbosacral/cervical strain, hemorrhoids, prostate disability, and hypertensive vascular disease have been dismissed.,The appeal of the claim of service connection for renal cancer has been granted. The appeal of the claim of service connection for lung cancer (to include as secondary to renal cancer) is pending and remanded.

The Veteran's cervical spine disability is currently rated at 40 percent, and his lumbar spine disability is also rated at 40 percent. The Veteran was granted a separate rating for left lower extremity radiculopathy (10%) and right lower extremity radiculopathy (10%). A TDIU has been granted.

The Veteran's service-connected disabilities do not prevent him from securing or following any substantially gainful employment, as he has maintained a successful rental property business and works part-time as a consultant.

The Veteran's PTSD is now rated at the maximum 50 percent disability level, which reflects significant impairment in occupational and social functioning.,Service connection for GERD has been established.

The Board denied the Veteran's claims for service connection for a low back disability and bilateral lower extremity neuropathy, finding that there was no evidence of such disabilities during active service or within one year thereafter. The Board also found that the Veteran did not have a current right ear hearing loss disability as defined by VA regulations.

The Board has granted service connection for left shoulder, neck, and low back disorders. Service connection is also granted for vertigo but the issues related to stomach ulcers, perforated bowel, and GERD are remanded.

The Board has remanded the case for further development, including an additional VA examination to assess the severity of the Veteran's service-connected lumbar spine disability and a retrospective opinion on whether SMC based on need for aid and attendance was warranted prior to August 27, 2020.

The Veteran's claim for service connection for a back condition has been remanded due to new evidence suggesting the condition may have started in service.,The Veteran's claim for service connection for a respiratory condition has also been remanded as there is insufficient evidence linking his current condition to service.

The Veteran's claim for an increased disability rating in excess of 40 percent for lumbar strain (lumbar disability) is denied.,The Veteran's claim for an increased disability rating in excess of 20 percent for neck strain with C4-5 discectomy and fusion (neck disability) is denied.,The Veteran's claim for an increased disability rating in excess of 20 percent for right upper extremity radiculopathy is denied.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity of care or aggravation during service and concluding that the current condition is not related to service.

The Board has granted service connection for hearing loss and denied service connection for a back disorder and spinal hemangioma. The hearing loss is related to in-service noise exposure, while the back disorder and spinal hemangioma are not considered to be related to service.

The Board denied a TDIU from July 10, 2012 to May 12, 2014 due to the Veteran's service-connected disabilities not precluding him from obtaining or maintaining substantially gainful employment.

The Board has remanded the Veteran's claims of service connection for various ankle, knee, and lumbar disabilities due to insufficient medical opinions addressing the etiology of these conditions. The examiner must consider the Veteran's lay statements and internet articles submitted by his representative.

The Veteran's service-connected disabilities render him unable to secure or follow all forms of substantially gainful employment, and the Board has granted a total disability evaluation based on individual unemployability (TDIU).

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence to support a link between his current condition and his military service.

The Veteran's service-connected disabilities prior to December 14, 2017 were not severe enough to prevent him from securing or following a substantially gainful occupation.

The Board has remanded the Veteran's claims for service connection for neck, back, left hip, and right knee disabilities due to his failure to report for VA examinations scheduled on remand.

The Board has remanded the issues of service connection for left and right knee disabilities, as well as an acquired psychiatric disorder (depression), to include as secondary to degenerative arthritis of the lumbar spine due to inadequate opinions in the previous VA examinations.

The Veteran's appeal is remanded due to the need for additional development of his Workers' Compensation records from prior employment.

The Board has determined that the Veteran's back disability is related to his active duty service and grants entitlement to service connection for this condition.