Back / lumbar spine decisions — 2021

The Veteran is granted TDIU prior to December 19, 2016. The appeal for the period from December 19, 2016, to July 1, 2018, is dismissed as moot due to SMC at a rate under 38 U.S.C. § 1114(s). TDIU on or after July 1, 2018, remains pending.

The Board has remanded the claims for service connection for low back disorder, bilateral knee disorder, and bilateral ankle disorder due to inadequate opinions from VA examiners regarding the Veteran's statements of continuity of symptoms since service.

The Board has denied the Veteran's claims for service connection for right and left knee disabilities, finding that these conditions were not incurred or aggravated by service.

The Board has remanded the Veteran's claims for service connection due to insufficient consideration of his lay statements and medical opinions.

The Veteran's claim for a higher rating for his thoracolumbar spine IVDS and bilateral lumbar radiculopathy was partially granted, with the effective date set at January 1, 2020. The Veteran is now rated at 40 percent for his thoracolumbar spine IVDS since that date.

The Board has remanded the cases of service connection for a back disability, a compensable rating for right ear hearing loss, and TDIU prior to June 6, 2019 due to incomplete information in the medical records requests.

The Board denied the Veteran's claim of service connection for a low back disability, finding that his current condition is not related to his military service and is more likely due to aging.

The Board has remanded the Veteran's claims for service connection for various disabilities, including lumbar spine, thoracic spine, and cervical spine disabilities, gastrointestinal disability, hypertension, bilateral hearing loss, liver disability, prostate disability (including prostate cancer), and respiratory disability. The claims are related to exposure at Camp Lejeune contaminated water.

The Veteran's appeal is remanded for further development on the issues of increased ratings for lumbar spine conditions and service connection for a bilateral foot disability.

The Veteran's claims for increased ratings for his back disability and radiculopathy of the left lower extremity, as well as a request for an earlier effective date for TDIU, were denied. The Board found that the evidence did not support higher ratings based on range of motion or other criteria.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional opinions.

The Board has remanded the claims of service connection for left shoulder, right knee, and left knee disorders due to lack of evidence linking these conditions to service.,Service connection is denied for hypertension as there is no competent medical evidence showing a link between current hypertension and service.

The Veteran's claim for an earlier effective date for partial neurogenic bladder was granted. The rating for left lower extremity radiculopathy prior to October 10, 2018 and low back disability prior to October 10, 2018 were denied.

The Board has determined that the Veteran's claims for service connection are remanded due to a lack of sufficient competent medical evidence to decide the claim, and an examination is required.

The Veteran's PTSD is granted a 100% disability rating effective May 29, 2015. The lower back condition and hypertension are not service-connected.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities not precluding him from securing and following substantially gainful employment.

The Board has remanded the case due to conflicting VA opinions regarding the etiology of the Veteran's back disabilities. The examiner is required to provide an opinion on whether it is at least as likely as not that the Veteran’s back disability, including various diagnoses, is related to his military service.

The Board found no evidence linking the Veteran's current cervical spine disability to his service, including a motor vehicle accident in 1981. The examiner concluded that the Veteran's condition is more likely due to a civilian injury in 1993.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's reported erectile dysfunction (ED) and its relationship to his service-connected low back disability.

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 10%.,Entitlement to increased ratings for fibromyalgia and CFS remains pending, with remand required for further evaluation.