Back / lumbar spine decisions — 2021

The Board has remanded the claims for cervical spine and low back disabilities, as well as TDIU. Additional evidence is needed to support these claims.

The Veteran's claim for a 100 percent rating for PTSD effective January 7, 2013 is granted. The Board also found that his TDIU claim was mooted due to the grant of a 100 percent rating.

The Board denied the Veteran's claim for a disability rating in excess of 20 percent for his service-connected lumbar syndrome, finding that the evidence did not support a higher rating based on limitation of motion or other functional impairment.

The Veteran's service-connected acquired psychiatric disorder (bipolar I disorder and cyclothymic disorder) alone supports a total disability rating based on unemployability due to service-connected disability, combined with other disabilities rated at least 60 percent.

The Veteran withdrew his appeals for increased disability ratings for major depressive disorder and degenerative disc disease of the lumbar spine.

The Veteran's claim for an effective date prior to July 28, 2010 for his service-connected lumbar spine disability is denied. The appeal of the initial rating assigned and entitlement to total disability based on individual unemployability (TDIU) are also remanded.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a new VA examination of the Veteran's thoracolumbar spine disability. The Veteran is entitled to an increased rating for his thoracolumbar spine disability.

The Board has denied service connection for PTSD and remanded the issues of compensation under 38 U.S.C. § 1151 for diabetic retinopathy of left eye with macular edema and left foot osteomyelitis, status post left first ray amputation due to insufficient evidence regarding the occurrence of in-service stressors and treatment records.

The Veteran's lumbar spine disability is currently rated at 40 percent effective October 21, 2019. The Board denied an increased rating for the condition prior to that date.

The Board has granted service connection for a lumbar spine disorder, finding that the evidence is at least in equipoise as to whether the Veteran's condition is etiologically related to his active duty service.

The Board has remanded the case due to inadequate medical opinion regarding service connection for a low back disability, which is currently pending.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's lumbar spine disorder, specifically whether it is related to her military service.

The Board has remanded the case due to failure to obtain medical records from Jacksonville Hospital and Dr. E.

The Board has remanded the Veteran's claims of service connection for low back and neck conditions due to inadequate examination and failure to consider the Veteran's lay statements and private medical treatment note.

The Board denied service connection for a heart disorder, stroke, and back disorder. The appellant's claims were based on his active duty service from June 17, 1980 to August 14, 1980 and June 29, 1981 to August 14, 1981.,The Board found that the appellant did not have a heart attack or stroke during his active duty service. The only evidence of a heart disorder was prior to his National Guard service in 1980 and after his separation from service in 1983. Therefore, there is no basis for service connection.,The Board also found that the appellant's back disorder did not develop during his active duty or National Guard service. The only evidence of a back injury was in November 2003, which occurred years after his separation from service.

The Board denied service connection for a low back disorder and left ankle disorder, finding that the evidence did not support a direct relationship to service or service-connected conditions.

The Board has granted service connection for a back disability and lumbar radiculopathy as secondary to the Veteran's service-connected right leg disability. Service connection for erectile dysfunction is also granted, but it remains unclear if this is related to his service-connected disabilities.

The Board denied the Veteran's claim for a rating in excess of 40 percent for his multilevel degenerative disc disease, finding that the evidence did not meet the criteria for an increased rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Veteran's service-connected disabilities do not result in loss of use of one or both feet, so they are ineligible for financial assistance for automobile or other conveyance and adaptive equipment.

The Board has denied service connection for the Veteran's left shoulder disability. The appeal regarding his back disability is being remanded due to lack of compliance with previous remand directives.