Back / lumbar spine decisions — 2021

The Veteran's service-connected low back disability was so severe as to preclude him from obtaining and maintaining substantially gainful employment consistent with his education and occupational experience, leading to a TDIU effective March 12, 1997.

The Board has granted service connection for lumbar spine disability, including degenerative disc disease (DDD), degenerative joint disease (DJD), spondylosis, and spina bifida. Service connection for left lower extremity (LLE) sciatica is also granted.

The Veteran's claim for higher evaluations of his lumbar spine disability and entitlement to TDIU was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the Veteran's tinnitus is service-connected, but remanded for further examination and opinion regarding his hepatitis C, bilateral hearing loss, and low back disability.

The Board has remanded the case due to an inadequate VA examination, requiring a new one that addresses the Veteran's lay statements and detailed clinical history.

The Veteran's lumbar spine disability is rated at 10 percent prior to March 17, 2017 and at 20 percent from March 17, 2017 and prior to April 6, 2018. The Board denied a higher rating for the period prior to March 17, 2017 and denied an increased evaluation greater than 20 percent for the period from March 17, 2017 and prior to April 6, 2018.

The Veteran's service connection claims for PTSD, bilateral hearing loss, tinnitus, thyroid disorder, cardiac disability, arrhythmia, basal cell carcinoma, and sleep apnea have all been granted. The lumbar spine disability claim has not been resolved.

The Board has remanded the Veteran's claims for neck, back, and neurological disabilities in his upper and lower extremities, as well as his acquired psychiatric disorder and sleep apnea. The claims are also remanded to determine if erectile dysfunction is related to these conditions.

The Veteran's claim for service connection for residuals, fracture left tibia and fibula, midshaft was dismissed as the full benefit sought on appeal has been granted.,The Veteran's claim for service connection for neck scars was dismissed as the full benefit sought on appeal has been granted.

The Veteran's claim for an initial evaluation of pain disorder associated with both psychological factors and a general medical condition was denied, as his symptoms more closely approximated the level required for a 50 percent rating.,The Veteran's TDIU claim was also denied due to his service-connected disabilities not meeting the criteria for a total disability rating based on individual unemployability.

The Veteran's migraine disability is granted as secondary to her service-connected visual disability.,Service connection for bilateral hearing loss, low back disability, bilateral carpal tunnel syndrome (CTS), diabetes mellitus, type 2 (diabetes), hypertension, and breast cancer are all remanded due to insufficient evidence.

The Veteran's claims for service connection for left shoulder, right shoulder, back, and neck disabilities have been denied as there is no evidence of current disability related to her active duty training.

Lumbosacral strain was initially rated at 10% prior to October 6, 2015 and increased to 20% thereafter. The Veteran's appeal for a higher rating is denied.,For the period prior to October 1, 2015, the Veteran's claim for TDIU based on his service-connected disabilities was also denied.

The Board has remanded the claims for service connection for right and left shoulder disabilities, as well as a back disability. The claims are now pending again with new evidence required.

The Board denied the Veteran's claims for service connection for lumbar and cervical disabilities, finding that there was no evidence of a chronic disability related to her active service. The Board also found that she did not meet the criteria for TDIU.

Service connection for PTSD and memory loss (claimed as dysthymic disorder) is denied.,Service connection for acquired psychiatric disorders other than PTSD, including dysthymic disorder and depression, and residuals of a TBI are remanded for further development.

The appeal on the issues of entitlement to service connection for various conditions has been dismissed due to the death of the appellant.

The Veteran's lumbar-spine disorder, right-knee disorder, and left-knee disorder have been evaluated as 10% prior to September 28, 2020 and 20% thereafter. The claims for increased evaluations are denied.,Increased evaluations for the Veteran's right-knee disorder and left-knee disorder were not granted due to lack of evidence showing flexion limited to less than 45 degrees or more severe conditions.

The Board has determined that the Veteran's current degenerative disc disease of the spine is related to his active duty service, granting his claim for service connection.

The Board has granted service connection for left wrist tendonitis and pain, but remanded the cases of lumbar degenerative disc disease and intervertebral disc syndrome and allergic rhinitis due to lack of nexus between current conditions and service.