Back / lumbar spine decisions — 2021

The Veteran's claim for service connection of a back disability was denied because the evidence submitted since the August 1953 rating decision is not new or material to his claim.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective May 5, 2021. The Board found that the evidence did not support a higher rating prior to this date.

The Board has remanded the case for further development due to an inadequate VA examination in December 2019, which did not address functional loss during flare-ups or after repetitive use.

The Board has remanded the cases for obtaining additional VA treatment records and Social Security Administration (SSA) records to determine if they contain relevant information that could affect the Veteran's claims.

The Board has decided to remand the Veteran's claims for service connection due to inadequate medical opinions and missing VA treatment records.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a higher rating for bilateral lower extremity radiculopathy effective June 17, 2021.,Prior to May 18, 2021, the Veteran did not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).,Beginning May 18, 2021, the Veteran was granted TDIU status.

The Veteran's degenerative arthritis, lumbar spine is currently rated at 60 percent effective August 14, 2012. The Board finds that the Veteran's disability meets the criteria for a 60 percent rating but not higher due to flare-ups resulting in incapacitating episodes having a total duration of at least 6 weeks during the past 12 months. The claim is remanded for further development.

The Veteran's appeals were dismissed as moot due to improper forms and untimely filings.

The Board has denied the Veteran's claims for an initial disability rating in excess of 20 percent for a lumbar spine disability and TDIU due to service-connected disabilities. The case is being remanded for further development, including obtaining private medical records and providing a retrospective opinion regarding the severity of the Veteran's back disability at the time of the January 2019 VA examination.

The Board has granted service connection for a lower back disability and denied service connection for OSA, PTSD, and emphysema. The lower back disability is found to be related to service due to documented in-service treatment and current diagnosis.

The Board denied service connection for neck, low back, left knee/leg, left foot, and right foot disabilities due to a lack of evidence showing chronic or recurring symptoms during or immediately after service.

The Veteran withdrew his appeal for service connection of degenerative disc disease (DDD) of the cervical spine.

The Veteran's appeals for an increased disability rating and TDIU have been dismissed as he has withdrawn the appeal.

The Board has granted service connection for a lumbar spine disorder and hypertension, but denied service connection for a left knee disorder. The Veteran's current lumbar spine disorder is considered to be related to his military service, while the hypertension is not. The left knee disorder was not shown to be causally or etiologically related to any disease, injury, or incident during service.

The Board has remanded the Veteran's claims for a left ring finger disorder and low back disability due to insufficient medical opinions in the original decision. The VA is required to provide additional examination or opinion to determine if these conditions are related to service.

The Veteran's appeals for service connection of anemia, erectile dysfunction, and compensable rating for surgical scars were granted. The reduction in ratings for lumbar radiculopathy was found to be improper and restored.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has remanded the case due to the need to obtain the Veteran's Vocational Rehabilitation folder, including records relating to his October 2016 VA Vocational Rehabilitation plan.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no evidence of current disabilities in the knees, shoulders, or BTM, nor any nexus to service.