Back / lumbar spine decisions — 2021

The Veteran's appeals regarding increased ratings for degenerative arthritis of the lumbar spine and a total disability rating based on individual unemployability due to service-connected disability have been dismissed due to his death.

The Veteran's claim for service connection for a respiratory disorder, including left upper lobe granulomatous infection with pulmonary nodule, was reopened and granted effective June 20, 2013. An effective date of June 20, 2013, but no earlier, is assigned for the award of service connection. The Veteran's claim for TDIU prior to April 15, 2008 remains denied.

The Veteran's claims for increased ratings for her thoracolumbar spine and bilateral knee disabilities were denied. The Board found that the evidence did not support a higher rating from February 17, 2011 to May 20, 2013 for the thoracolumbar spine disability or from May 20, 2013 onwards. For her bilateral knee disabilities, she was already receiving a 10 percent evaluation based on limited range of motion and pain.

The Board has remanded the claim for service connection for a low back disability, as secondary to service-connected seizure disorder due to inadequate medical opinions and need for additional development.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence linking his current condition to his military service.

The Veteran's low back disability is rated at 40 percent, but the Board finds that it does not warrant a higher rating due to lack of ankylosis or incapacitating episodes.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 20 percent each leg. The Board finds no evidence supporting ratings in excess of 20 percent.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to a lack of recent VA examinations, and requests that Social Security Administration records be obtained.

The Board has remanded the case due to inadequate opinions regarding the Veteran's service connection claim for a back disability. The case is now in remand status and requires further examination and opinion.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbar spinal stenosis with degenerative disc disease and IVDS due to new evidence being added to the record.

The Board has remanded the case due to non-compliance with previous remand directives regarding the Veteran's lumbar spine disability. The matter is now pending for further examination and opinion.

The Veteran meets the schedular criteria for a TDIU, and his service-connected right knee condition and back condition have rendered him unable to secure or follow a substantially gainful employment.

The Veteran's appeal has been dismissed due to their death. The issues on appeal were about increased ratings for various knee and spine conditions, as well as TDIU.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities prevented her from securing or following gainful employment for the period from August 14, 2007 to October 18, 2016. From October 18, 2016 to January 25, 2017, she had a combined disability rating of 100 percent and none of her disabilities alone rendered her unemployable.

The Board has remanded the claims for bilateral hearing loss, back disability, and bladder disorder due to insufficient evidence or inadequate opinions in the previous VA examination reports.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of an in-service injury or disease and no continuity of symptomatology related to any such condition. The preponderance of the evidence does not support a finding that the current back disability began during active service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his periods of active duty, ACDUTRA and INACDUTRA. The Veteran is also required to undergo an updated examination for his chondromalacia, left knee with patellar tendonitis.

The Board has remanded the cases for further examinations to determine the current severity of the Veteran's left shoulder and low back disabilities, as the previous VA examination reports were not compliant with the February 2020 Board remand.

The Veteran's claims for effective dates prior to November 18, 2014 for service connection of chronic thoracolumbar strain with osteoarthritis and spolyoantheriolisthesis lumbar, associated radiculopathy of the right lower extremity, and associated radiculopathy of the left lower extremity were denied.,The Veteran's claims for effective dates prior to November 18, 2014 for service connection of radiculopathy of the right lower extremity were denied.,The Veteran's claims for effective dates prior to November 18, 2014 for service connection of radiculopathy of the left lower extremity were denied.

The Board has determined that there is not substantial compliance with its prior remand instructions and thus the appeal must be remanded again. The Veteran's lumbar spine disability, bilateral hearing loss, and acquired psychiatric disorder (including PTSD) claims are all remanded for further development.