Back / lumbar spine decisions — 2021

The Board has remanded the claims for service connection due to insufficient development of records, particularly sick/morning reports from the appropriate units. The Veteran's active duty period is from March 1946 to September 1947.

The Veteran's cervical and lumbar spine disabilities are currently rated at 20 percent, but the Board finds that these ratings do not meet the criteria for a higher rating based on the evidence of record.

The Veteran's claims for service connection for lumbar spine disability, GERD, and asthma are granted. The claim for lumbar spine disability is remanded due to the need for a new VA examination.

The Board has remanded the case for referral to the Director of Compensation for consideration of a TDIU on an extraschedular basis due to the Veteran's service-connected musculoskeletal disabilities.

The Veteran's TDIU claim is being remanded for consideration of whether he should be granted a TDIU on an extraschedular basis due to his service-connected lumbar spine disability.

The Board has determined that there are outstanding VA, private, and military treatment records that need to be obtained for the Veteran's claims. The issues of service connection for a cervical spine disorder, back disorder, TDIU, erectile dysfunction as secondary to a back disorder, back surgical scars as secondary to a back disorder, and compensation under 38 U.S.C. § 1151 have been remanded due to this outstanding evidence.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's back disability, including a lack of explanation for why an in-service stab wound less likely caused his current condition.

The Veteran's neck and back disability claims are being remanded for further proceedings, including obtaining additional medical records and conducting a new examination to assess the current severity of his disabilities.

The Board has remanded the claims due to incomplete verification of the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (IDT). The AOJ needs to verify these periods, obtain any outstanding service treatment records, and determine if additional medical opinions are needed.

The Board has decided to remand the case due to deficiencies in the prior VA examinations and requests for additional information. The Veteran will need a new examination to assess his low back disability.

The Board has remanded the Veteran's claims for increased ratings for her thoracolumbar spine disability and associated radiculopathy. The Veteran is also seeking earlier effective dates for TDIU, Dependents' Educational Assistance, and SMC awards.

The Veteran's claim for increased ratings for degenerative disc disease of the lumbar spine, residuals of fracture L-4 was denied. The initial rating for this condition prior to September 27, 2011 was denied. Ratings were granted for periods from January 1, 2012 to July 5, 2012 and from July 5, 2012 to February 8, 2013 at the 40 percent and 20 percent levels respectively. The claim was denied for ratings in excess of 10 percent from February 8, 2013 to August 8, 2021.

The Board has remanded several issues for further development, including service connection claims for various conditions. The Veteran's hearing loss and TBI are not currently established as service-connected.

The Board denied service connection for a back disability and the rating in excess of 10 percent for service-connected left knee patellofemoral syndrome, but granted a separate 10 percent disability rating for instability of the left knee from May 23, 2012.

The Board has granted service connection for PTSD, finding that the Veteran's in-service experiences in Vietnam are related to his current condition.,Service connection for a low back disorder and acid reflux and sleep apnea secondary to PTSD have also been granted.

The Board has remanded the Veteran's claims for additional development due to insufficient evidence regarding his claimed conditions and their relationship to service. The claims include service connection for left calf, knee, lumbosacral spine, lower extremity radiculopathy, and any acquired psychiatric disability, including PTSD.

The Board denied service connection for a lumbar spine disability, diabetes mellitus, type II, eye disability, and psychiatric disability (depression). The Veteran's lumbar spine condition is not related to his service. His diabetes mellitus, type II, was not shown within one year of separation from service. His eye disabilities are not related to service or a service-connected condition. His depression is considered as secondary to his service-connected bilateral pes planus.,The Board also denied service connection for hypertension and remanded the issue.

The Board has determined that a VA examination is needed for the Veteran's cervical spine condition, lumbar spine condition, and hypertension claims due to insufficient medical evidence of record. The Veteran asserts her conditions began in service and are related to exposure during active duty.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to additional medical records being added to his case file since the most recent Supplemental Statements of the Case (SSOC).

The Board has remanded the issue of an evaluation in excess of 50 percent for major depressive disorder, but denied the TDIU claim as the Veteran was employed full-time prior to March 20, 2019.