Back / lumbar spine decisions — 2021

The Board has denied the Veteran's claim for TDIU as his service-connected disabilities, in combination, did not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's service-connected peripheral arterial disease and degenerative joint disease of the lumbar spine are not rated higher than 20 percent, as both conditions do not meet the criteria for a higher rating under VA's rating schedule.

The Veteran's lumbar spine disability with associated right and left lower extremity radiculopathy is granted an initial rating of 20 percent effective March 15, 2007.

The Veteran's degenerative arthritis of the lumbar spine is granted as service connected, with all doubt resolved in his favor.

The Board has remanded the claims for service connection due to inadequate medical opinions and the need for additional development, including obtaining private treatment records.

The Board has granted service connection for degenerative arthritis of the spine and intervertebral disc syndrome with lumbosacral radiculitis and spinal stenosis, finding that it is etiologically related to the Veteran's in-service back injury. The issues of service connection for residuals of a cold weather injury of the bilateral upper and lower extremities are remanded.

The Veteran's esophageal cancer was granted service connection. The Board found the lumbar spine issue remanded due to inadequate medical opinions.

The Board has remanded the claims for service connection for right shoulder and back disabilities due to insufficient consideration of the Veteran's lay statements regarding continuity of symptoms since service.

The Veteran's claims for increased ratings for his back and neck disabilities, as well as left upper extremity radiculopathy, were denied. The effective dates of the decisions are not provided.

The Veteran's claim for an earlier effective date for left lower extremity radiculopathy is granted, with the effective date set at September 14, 2006. SMC based on housebound status and need for regular aid and attendance are denied.

The Veteran's syrinx of the thoracolumbar spine is granted service connection. The rating for headaches remains at 30 percent, and sinusitis remains at 10 percent. Service connection for left arm disability and hypertension are remanded.

The Board has remanded the case due to a lack of compliance with previous remand directives and the need for a VA muscle examination.

The Board has remanded the claims for service connection due to conflicting evidence and the need for additional records, including VA treatment records from 1973-1974 in Korea and any records from the 121st Evacuation Hospital.

The Veteran withdrew their appeals for higher ratings on a low back disability and hypertension, as well as TDIU prior to July 19, 2019.

The Board has granted an earlier effective date of December 1, 2008 for the grant of a total disability rating based upon individual unemployability (TDIU). The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment since December 1, 2008.

The Board has determined that the Veteran's low back and right knee disabilities are not service-connected, as there is no evidence of a nexus between her current conditions and her military service.

The Board has decided to remand several issues related to the Veteran's claims, including his hearing loss disability, low back disability, sleep apnea, diabetes mellitus, and associated neuropathy. The Veteran will need to undergo additional examinations to determine the current severity of his hearing loss, the nature and etiology of his low back disability, and the relationship between his sleep apnea and chemical exposure during service.

The Veteran's appeals for increased disability ratings in excess of 10 percent for DJD left shoulder, thoracolumbar spine scoliosis, and cervical spine scoliosis have been dismissed.

The Veteran's claim for increased ratings for his low back disability was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to November 11, 2019 and did not meet the criteria for a rating in excess of 40 percent after that date.

The Veteran's initial rating for cervical spine disability was denied as his condition did not meet the criteria for a higher rating prior to June 13, 2013.