Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for increased ratings for chronic low back strain and degenerative joint disease of the left hip with limitation of abduction due to inadequate VA examinations. The Veteran will need new, current evaluations to determine his range of motion in weightbearing and non-weightbearing planes.

The Veteran's former attorney, J.S., is eligible for attorney fees based on the past-due benefits awarded in the January 2021 rating decision. However, the Board lacks jurisdiction to consider the issue of reasonableness of these fees as it must first go through a motion to the Office of General Counsel (OGC).

The Board denied the Veteran's claims for service connection for various conditions due to lack of new and relevant evidence.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance, as he is able to perform his daily activities without regular assistance.

The Board has determined that the reduction in ratings for lumbar arthritis and left shoulder disability were not proper, and thus restored the original ratings.

The Board has granted service connection for the Veteran's back disability, but has remanded his right and left knee disability claims due to a duty-to-assist error.

The Board has determined that the Veteran's back condition is related to injuries sustained during service and granted service connection for this disability.

The Veteran's cervical spine disability is granted, but his claims for increased ratings and TDIU are remanded due to inadequate development.

The Board has determined that the VA examination conducted in October 2020 is insufficient to decide the claims and has therefore remanded for further development, including a new VA examination.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of March 3, 2015.

The Veteran's service-connected right lower extremity radiculopathy and sciatic compression/lumbosacral plexopathy have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Board has remanded the Veteran's claims for service connection due to incomplete service records and unreadable medical documentation. The AOJ is instructed to verify her periods of active duty training (ACDUTRA) and inactive duty training (INACDUTRA), obtain any missing personnel records, and provide the Veteran another opportunity to submit additional medical evidence.

The Veteran's claim for increased rating of his lumbar spine disability was denied, with a 40% rating granted effective March 30, 2021.,An earlier effective date of August 27, 2016 for the initial 10% rating for left lower extremity radiculopathy is granted. The claim for an earlier effective date for right lower extremity radiculopathy prior to March 30, 2021 remains denied.

Service connection for Major Depressive Disorder is granted.,A rating in excess of 20 percent for service-connected residuals of right knee medial meniscal tear (right knee disability), based on limitation of flexion, is denied.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's current low back disorder clearly and unmistakably preexisted his military service. The VA examiner is requested to provide an opinion on this matter.

The Veteran's claims for higher evaluations for his lumbar spine and left shoulder disabilities have been denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbar spine disability prior to July 11, 2014, from July 11, 2014 to June 18, 2017, and from October 1, 2017. For the left shoulder disability, there were no incapacitating episodes requiring bed rest prescribed by a physician in the past 12 months.

The Veteran's appeals for service connection for allergies, sleep apnea, and a total disability rating based on individual unemployability (TDIU) have been dismissed due to the Veteran's withdrawal of these claims. The appeal regarding a disability rating in excess of 40 percent for lumbar strain with degenerative arthritis and intervertebral disc syndrome has also been dismissed.

The Veteran's appeal is remanded for additional examinations and opinions to address the severity of his service-connected disabilities, as well as their relationship to service. The issues include bilateral hearing loss, OSA, degenerative arthritis of the knees, lumbosacral spine, and cervical spine.

The Board has remanded the cases for further development and an addendum medical opinion to determine if the Veteran's service-connected lumbar spine disability warrants a higher rating.

The Veteran's lumbar spine disability was granted a 40 percent rating from January 1, 2012 to October 8, 2015.,A higher than 40 percent rating is denied for the period after June 24, 2021.