Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and right lower extremity radiculopathy due to deficiencies in the VA examinations of record. The case is being returned for further development.

The Veteran's hypertension, erectile dysfunction, back disability, and neck disability were not incurred or aggravated by service, including exposure to Agent Orange.,Service connection was denied for all four conditions.

The Veteran's lumbar spine DJD also diagnosed as IVDS was rated at 20 percent prior to June 30, 2010 and increased to 40 percent from January 9, 2013 to March 20, 2014. The appeal is remanded for further evaluation of the condition.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, warranting a TDIU.

The Board has remanded the case due to a lack of information regarding the Veteran's employment status, specifically missing forms for his application for increased compensation based on unemployability and requests for verification from his prior employers. The Veteran needs to complete these forms and provide the requested information.

The Board has remanded the Veteran's claims for service connection due to incomplete compliance with previous directives and new evidence is needed. The issues include left shoulder, left knee, right knee, low back, and sciatica (left side) disorders.

The Board has denied service connection for bilateral hearing loss due to lack of evidence linking the condition to service.,Service connection is granted for hypertension, as it was diagnosed within one year of separation from service and presumed related to service.

The appeal for service connection for peripheral neuropathy of the bilateral lower extremities is dismissed. The issues of polycythemia, heart disability, back disability (including arthritis due to trauma and degenerative arthritis), and sleep apnea are remanded.

The Board has decided to remand the claims for thoracic spine DDD, cervical spine DDD, and headaches due to inadequate VA examination reports. Further development is needed to comply with VA's duty to assist in fully developing the facts and evidence concerning these claims.

The Board denied service connection for various conditions, including asthma, ulcer (claimed as an ulcer of the antrum), chest pain, bunions with hammertoes in both feet, lumbar spine disorder, hypertension, and defective vision. The Board found that these conditions did not have their onset during active duty or were not related to any injury sustained during service.

The Veteran's service-connected low back disability and associated sciatic radiculopathy have been rated, with some adjustments. The claim for a higher rating is denied prior to December 11, 2019, but granted beginning from that date.

The Veteran's TDIU claim was part of his initial increased rating claims for lumbar spine osteoarthritis, PTSD, and radiculopathy. The Board found that the TDIU issue was valid and granted it based on service-connected disabilities.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, including degenerative disc disease. The new evidence received since the April 1992 denial supports the nexus between the Veteran's current condition and his military service.

The Board has denied service connection for lumbosacral spine disability, cervical spine disability, and right elbow disability as the evidence does not support a link between these conditions and service.,Service connection was denied because there is no evidence of current disabilities related to service or within any applicable presumptive period.

The Board has decided to remand several issues related to the Veteran's service connection claims, disability ratings, and TDIU claim due to inadequate VA examination opinions. The issues include obstructive sleep apnea, lumbar stenosis, right knee sciatic radulopathy, left knee sciatic radulopathy, and TDIU prior to October 3, 2015.

The Board has granted DIC benefits based on service connection for the cause of the Veteran's death, finding that his neck and back disabilities are causally related to his military service. The Board also found that the Veteran’s cause of death is related to his military service.

The Board has remanded the case due to a lack of compliance with previous instructions, and further examination is needed to address the Veteran's lay contentions regarding an un-documented parachute accident during military service.

The Veteran's lumbar spine disability and associated radiculopathies are granted with a rating of 20 percent prior to December 21, 2018, and 40 percent thereafter. The right leg radiculopathy is rated at 20 percent from the onset, while left leg radiculopathy is rated at 10 percent since March 30, 2015.

The Board has granted service connection for a thoracolumbar spine disability (lumbosacral strain) and assigned an initial rating of 10 percent. The Veteran's other claims, including those related to his wrist, collarbone, knee, shin, and ankle disabilities, are still pending.

The Board has dismissed the appeals for ratings in excess of 20 percent for degenerative disc disease, lumbar spine; right lower extremity radiculopathy; and left lower extremity radiculopathy due to the death of the appellant.