Back / lumbar spine decisions — 2021

The Board has remanded the case due to a need for a new VA examination to evaluate the current severity of the Veteran's lumbar spine condition.

The Board denied the Veteran's claims for service connection for hypertension and a total disability rating based on individual unemployability (TDIU) due to lack of evidence linking his current disabilities to military service, including herbicide agent exposure. The Veteran was found not to meet the criteria for TDIU as he had multiple service-connected disabilities rated at 90% combined.

The Board has denied the Veteran's claims for service connection for low back condition, shin splints (left and right legs), right knee condition, left knee condition, right ankle condition, and left ankle condition. The reasons provided include lack of in-service diagnosis or continuity of symptomatology, absence of a nexus to service, and no aggravation by service-connected inguinal hernia.

The Board denied a rating in excess of 20 percent for the Veteran's cervical spine disability, finding that the evidence did not support such a higher rating based on limitation of motion or ankylosis.

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

The Veteran's service-connected disabilities, including right shoulder rotator cuff reconstruction, recurrent enteritis, and radiculopathy of the lower extremities, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board is remanding the case to schedule the Veteran for a new VA examination and consider her lay statements regarding her lumbar spine disability.

The Board denied service connection for left knee arthritis, right knee arthritis, and lumbar spine degenerative disc disease due to lack of evidence showing a link between the disabilities and service.

The Board has remanded the case due to an incomplete VA opinion regarding service connection for a low back disability, including lumbar degenerative disc disease and myofascial pain syndrome.

The Veteran's PTSD is rated at 10%, and his degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy are each rated at 10%. The Veteran's claims for increased ratings have been granted.

The Veteran's lumbar spine disability was denied an initial evaluation in excess of 20 percent for the period from August 25, 2010 to March 16, 2020.,The Veteran's lumbar spine disability was also denied an increased evaluation beyond 40 percent for the period beginning March 17, 2020.

The Board has remanded the Veteran's claims for lumbar spine disability and migraine headaches due to inadequate opinions from VA examiners. The Veteran is seeking service connection for these conditions, with particular focus on whether they are related to his active duty service or any exposure during the Persian Gulf War.

The Veteran's increased disability ratings for lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and impairment of the left shoulder muscle group III have been denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board denied service connection for various conditions, including low back disorder, heart disorder, hypertension, fragment wounds to the left arm, right arm, and head, as well as an acquired psychiatric disorder (anxiety) and a lung condition. The denial is based on the appellant's dishonorable character of discharge from active military service.,The Board found that the appellant had two periods of AWOL in excess of 180 days during his period of active military service, which resulted in him having 1,764 days of time lost. The Board did not find compelling circumstances for the first period of AWOL.

The Board has remanded the claim for a VA examiner to provide an opinion on whether the Veteran's low back disability is related to service or service-connected bilateral medial tibial stress syndrome, and if it is aggravated by that condition. The examiner should consider the Veteran's lay statements about her symptoms during service.

The Veteran's bilateral hearing loss and tinnitus are found to have had their onset in service.,There is no evidence of a current gout disability or functional impairment due to gout.

The Veteran's service-connected lower back disorder and bilateral lower extremity radiculopathy do not render him unable to secure or follow a substantially gainful occupation.

The Board has granted increased ratings for the Veteran's low back disability and associated bilateral lower extremity radiculopathy, with a rating of 40 percent effective from December 1, 2019. The Veteran also received SMC at the housebound rate.

The Veteran's service-connected disabilities prevented him from securing and following any substantially gainful employment from September 23, 2008 to March 28, 2010. An effective date of September 23, 2008 for the grant of basic eligibility to Dependents' Educational Assistance (DEA) is granted.

The Board denied service connection for a back disorder because the Veteran's honorable period of service did not show any diagnosis, treatment, or complaints related to his back condition. The motor vehicle accident in 2004 occurred during his dishonorable period of service.