Back / lumbar spine decisions — 2021

The Board denied service connection for a lumbar spine disability and diverticulitis, finding that the Veteran's current conditions are not related to his military service.,There is no evidence of a chronic lumbar spine or diverticulitis condition during service, and any post-service complaints do not establish continuity of symptomatology.

The Veteran's right knee disability is rated as 30 percent prior to March 15, 2010 and as 60 percent from March 15, 2010 to August 9, 2015. The low back disability is rated as 40 percent as of October 21, 2020. A separate rating of 20 percent for right lower extremity radiculopathy is granted as of October 21, 2020.

The Board denied the Veteran's claims of service connection for low back disability, left hip disability, right hip disability, and bilateral lower extremity sciatica due to a lack of evidence showing these conditions were incurred during active duty service.

The Veteran's claims for a disability rating in excess of 10 percent for GERD, service connection for a back disorder, and service connection for bilateral knee disorders were denied. The Board found that the evidence did not support granting these claims.

The Board has decided to remand the cases of service connection for low back disability, heart disability, PTSD, and bilateral hearing loss due to lack of a VA examination and need for additional medical opinions.

The Board has remanded the claims for service connection due to insufficient evidence and needs further examination. The Veteran's low back disability, bilateral hearing loss, and gastrointestinal disorder are all under review.

The Board denied the Veteran's claims for service connection for residuals of a spinal tap, neuropathy of the bilateral lower extremities as secondary to residuals of a spinal tap, low back disability as secondary to residuals of a spinal tap, and cysts as secondary to residuals of a spinal tap due to lack of evidence supporting these conditions during service.

The Veteran's claim for service connection for bilateral pes planus has been granted. The claims for service connection for a low back disorder, nerve damage of the tongue, an acquired psychiatric disorder (including PTSD, anxiety, major depressive disorder, and agoraphobia with panic attacks), and obstructive sleep apnea are being remanded.

The Veteran's pericarditis was granted a 60 percent evaluation as of August 5, 2011.,For the lumbar condition, the Veteran received a 20 percent rating effective April 28, 2015. The claim for an increased rating prior to this date is denied.

The Board has remanded the claims for a rating in excess of 10 percent for a back disability prior to June 2, 2016 and an effective date prior to January 12, 2016 for TDIU due to service-connected disabilities. Additional development is needed.

The Board has remanded the issues of service connection for an acquired psychiatric disorder, hypertension, a cardiac disorder, and a low back disability due to inadequate medical opinions.,Further development is needed to address the Veteran's claims.

The Veteran's headaches, cervical spine disability, and lumbosacral spine disability are found to be related to service. The depression is not considered secondary to a service-connected condition.

The Veteran's tinnitus and right ankle disability are granted service connection. Service connection for a bilateral knee disability is denied, but the Veteran's back disability is remanded for further examination.

The Veteran's claims for increased ratings and separate ratings were denied. The left knee DJD was rated at 10%, the left knee instability at 10%, and the lumbar spine degenerative arthritis at 40% prior to September 6, 2016, and at 50% thereafter.

The Board has granted service connection for a lumbar spine disability and awarded an effective date of April 19, 2010 for the award of service connection for right foot neuritis (previously tarsal tunnel syndrome).,However, the claim for an initial evaluation in excess of 10 percent for right foot neuritis is remanded due to inadequate examination findings.,Further development is required to determine if a higher rating is warranted.

The Board has determined that the AOJ did not comply with the May 2016 Remand directives and has ordered further development, including verifying periods of service and completing a chronological listing. VA examinations are also required to determine the etiology of the claimed right shoulder, back, right elbow, and respiratory disorders.

The Veteran's claims for service connection are remanded due to inadequate medical opinions and the need for further examination. The Board finds that his low back disorder, bilateral hip disorders, and sciatic radulopathy may be related to his right foot residuals.

The Veteran is granted a total disability rating based on individual unemployability from August 1, 2007 to July 20, 2009 due to service-connected disabilities preventing him from securing and maintaining substantially gainful employment. SMC for regular need for aid and attendance or being housebound was denied.

The Veteran's service connection claims for traumatic brain injury, back disability, bilateral ankle disability, vertigo (claimed as dizziness), and respiratory condition are all denied.,There is no current evidence of a TBI or any other claimed disabilities during the appeal period.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment outside of a protected work environment, thus qualifying for a total disability rating based on individual unemployability.