Back / lumbar spine decisions — 2021

The Board has remanded the claims of service connection for lumbar spine disability, bilateral knee disability, respiratory disability (bronchitis), and benign essential tremor due to inadequate opinions provided by VA examiners.

The Veteran's appeal for an increased rating higher than 20 percent for his arthritic spurring T8, T9, T10 to include lumbar spine prior to August 3, 2018, and in excess of 40 percent thereafter has been dismissed as the Veteran withdrew his request for hearing.

The Veteran's appeal for a higher rating for his lumbar spine degenerative disc disease was dismissed because he withdrew the claim prior to the Board making a decision.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder due to lack of evidence linking his current condition to his active service. The low back and associated radiculopathy issues are remanded for further development.

The Board has decided to remand the claims for a higher disability rating for spinal stenosis and radiculopathy due to inadequate examination findings, specifically regarding range of motion, functional loss, and pain in weight bearing.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it is related to the Veteran's military service. The appeal was reopened due to new and material evidence submitted by the Veteran.

The Veteran's service-connected low back disability and PTSD render him unable to obtain and maintain substantially gainful employment for the period prior to November 17, 2017. The appeal is remanded due to a lack of schedular criteria for TDIU.

The Board has reopened the previously denied claim of service connection for lumbar spine disability due to new and material evidence. However, it is determined that there is no causal relationship between the current back disability and military service.

The Veteran's service connection for obstructive sleep apnea is granted. The issues of initial evaluations for major depressive disorder, allergies condition, and lumbosacral strain are remanded due to the need for additional VA examinations and evidence review.

The Veteran's appeals for increased ratings for persistent depressive disorder, lumbar spine condition, and bilateral lower extremity radiculopathy were dismissed as the Veteran withdrew her claims under the modernized review system.

The Veteran's service-connected disabilities, including bilateral pes planus and low back strain, did not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's SMC (r)(2) benefits for need of aid and attendance are granted, effective March 31, 2015. The RO failed to apply the correct rate due to a LCR error in applying asbestosis and coronary artery disease.

The Board has granted a 40 percent disability rating for the Veteran's service-connected degenerative arthritis of the lumbar spine from October 10, 1996 to March 23, 2010.

The Board has remanded the claims for a low back disability and scar, status post lumbar discectomy due to duty-to-assist errors. The hemorrhoids claim is also remanded as there are inadequate VA examination reports.

The Board has denied the Veteran's claims for service connection for low back disability, erectile dysfunction (ED), urinary incontinence (UI), left lower extremity radiculopathy, and right lower extremity radiculopathy as there is no competent evidence linking these conditions to his military service.

The Veteran's PTSD, right eye disorder, and lumbar spine disability were denied. The claim for a TDIU was granted.

The Board has remanded the claims of service connection for a right wrist nerve and fingers/forearm disability, chronic headaches, lumbosacral strain, prostate disability, sinusitis, and allergic rhinitis due to outstanding VA treatment records not being associated with the claims file.

The Board has denied the Veteran's claims for service connection for tinnitus and a back disability as secondary to his service-connected scar, residual of left leg injury. The claim for an initial rating higher than 10 percent for right hip disability is also denied.,Service connection was not granted for tinnitus because there is no evidence that it began in service or within the one-year presumptive period after service. The Board found that the Veteran's current tinnitus is more likely related to his non-service-connected bilateral hearing loss.,Regarding the back disability, the Board determined that it is less likely than not secondary to the service-connected left leg injury. The examiner noted that there was no indication of permanent neurological damage from the left leg injury and that the back disability began several decades after the left leg injury.

The Veteran's prostate cancer was denied service connection as it manifested more than one year after separation and is not shown to be causally related to an in-service injury or disease. The claims for psychiatric, heart, cervical spine, low back, bilateral shoulder, elbow, wrist, hip, knee, ankle, and foot disabilities are remanded due to the failure to obtain examinations and opinions concerning their etiology.

The Veteran's claim for service connection for PTSD was granted. The rating for his chronic lumbosacral strain was reduced from 20% to 10%, but the Board found this reduction improper and restored the original 20% rating.