Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for additional development to obtain his service treatment records from July 2001 to December 2001, as these records are necessary to determine if new and material evidence has been submitted to reopen his service connection claims.

The Veteran's claims for increased disability ratings and effective dates related to his service-connected lumbar spine strain, left and right lower extremity sciatic nerve radiculopathy, and TDIU are being remanded due to the need for further development.,Additionally, the Veteran's claim for specially adapted housing and special home adaptation grant is also being remanded.

The Veteran's TDIU is currently rated from December 27, 2012. The Board has remanded the case to determine if an earlier effective date prior to that date should be granted due to his service-connected low back disability.

The Veteran's service-connected disabilities (lumbar spine disability, gastritis, radiculopathy of the lower extremity, hypertension, and right achilles disability) have rendered him unemployable since July 18, 2019. The Board granted his TDIU claim.

The Board has decided to remand the Veteran's claims for left knee, lumbar spine, and cervical strain disabilities due to their secondary nature to his service-connected right knee disability. The VA will obtain additional medical opinions regarding the etiology of these conditions.

The Board has remanded several service connection claims due to the Veteran's failure to appear for a scheduled DRO hearing. The remaining issues are still under review.

The Board has remanded the claims for increased ratings for lumbar spine disability due to insufficient evidence and conflicting medical opinions.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective February 1, 2018. The Board denied an evaluation in excess of this rating for the period beginning February 1, 2018.

The Board has denied a rating in excess of 10 percent for the Veteran's lumbar strain prior to October 10, 2014 and granted a 20 percent rating from that date. The case is remanded for further action on service connection for tinnitus.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) for the period prior to January 11, 2019, due to his service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities.

The Veteran's right lower extremity radiculopathy is granted with a 10 percent rating, and his lumbar strain prior to June 11, 2019, is granted at a 40 percent rating. A higher rating for lumbar strain beyond this date is denied, as well as the Veteran's claim for TDIU.

The Veteran's appeal for a higher rating for post-operative residuals of lumbar laminectomy and discectomy was denied. The Board found that the evidence did not meet the criteria for a higher rating based on unfavorable ankylosis or incapacitating episodes. For TDIU, the Veteran was granted a total disability rating due to individual unemployability as of April 17, 2014.

Service connection for tinnitus is granted, and a rating higher than 10 percent for degenerative disc disease of the lumbar spine is remanded.

The Veteran's claims for increased ratings for various knee and back disabilities have been denied. The lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee degenerative arthritis, and left knee degenerative arthritis are all rated as they currently stand.

The Board has remanded the Veteran's claims for service connection due to incomplete development and inadequate opinions regarding his lower back condition and acquired psychiatric conditions. Additional evidence is needed, including SSA medical records and private treatment records from Drs. H.J.C.M. and A.L.P.

The Board has remanded the Veteran's claims for a rating higher than 20 percent for DDD of the lumbar spine prior to January 26, 2016 and entitlement to TDIU prior to that date due to challenges raised regarding the competency of the November 2020 VA examiner.

The Board has remanded the issues of service connection for a right knee disability, left knee disability, bilateral pes planus, back disability, and skin disability (eczema).,Further examination is needed to determine if these conditions are related to service.

The Board has denied the Veteran's claims of service connection for low back, right hip, and left knee disorders due to a lack of evidence showing these conditions were incurred in or aggravated by service.

The Board has determined that a new VA examination is necessary to assess the current severity of the Veteran's service-connected lumbar spine and radiculopathy disabilities, as he reported worsening symptoms since his last VA examination in August 2015.

The Board has remanded the case due to insufficient information regarding the relationship between the Veteran's upper back conditions and his service-connected low back disability, specifically cervical myositis, thoracic DDD, and thoracic spondylosis.