Back / lumbar spine decisions — 2021

The Veteran's service-connected adjustment disorder with anxiety and depression, along with his lumbar spine disability, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board denied an initial rating in excess of 20 percent for the Veteran's lumbar spine disorder prior to July 29, 2021 and a rating in excess of 40 percent thereafter. The Veteran was assigned a 20 percent disability rating for his lumbar spine disorder prior to July 29, 2021.

The Veteran's back disability is rated at 40 percent disabling since April 12, 2021. The left bicep disability is rated at 20 percent disabling since July 1, 2020. Both ratings are denied.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability and an increased rating for mechanical low back pain syndrome with degenerative arthritis due to deficiencies in the VA examinations and lack of consideration of certain evidence.

The Veteran's appeals for service connection and increased ratings have been dismissed due to withdrawal. The Board has remanded the issues of service connection for cervical spine, bilateral hand, and headache disorders.

The Board has remanded several issues related to service connection and rating for various disabilities, including PTSD, bilateral hand disability, right knee and hip disabilities, back disability, and neurological disabilities of the lower extremities. The Veteran's left buttock shrapnel wound claim is denied as there is no current disability. His PTSD remains at 50 percent disabling.

The Board has remanded the case due to a lack of proper range of motion assessment in the VA examination, and further development is needed.

The Veteran's claims for effective dates prior to October 25, 2018 are denied as there was no communication prior to that date that could be construed as a claim.,The Veteran's claims for higher ratings for tinnitus and left ear hearing loss are denied as the evidence does not support such an award.,The Veteran's claims for service connection for right ear hearing loss, right foot neuropathy and dystrophic toenails, and left foot neuropathy and dystrophic toenails are denied due to lack of a current disability for VA purposes.,The Veteran's claim for service connection for lower back disability is denied as the evidence does not support such an award.

The Board has remanded the case for additional development, including obtaining an addendum opinion from the VA examiner regarding the Veteran's back disability and whether it is at least as likely as not caused by a single incident of in-service treatment. The right shoulder disability claim remains denied.

The Board dismissed the appeals for service connection of a back disability, flat feet, and plantar fasciitis and hallus valgus as they were granted in an October 2021 rating decision.

The Board has remanded the case due to a need for a new VA medical opinion regarding the Veteran's lumbar spine disability prior to October 7, 2019. The rating assigned and effective date are not yet determined.

The Board has remanded the Veteran's claims for increased ratings for bilateral pes planus and lower back disorder, as well as his request for a total disability rating based on individual unemployability (TDIU). The remand requires additional development including obtaining new medical opinions to clarify the severity of these conditions.

The Veteran's kidney disease, back disability, left knee disability, and right knee disability are all granted as service-connected.,Service connection for the Veteran's acquired psychiatric disorder is also granted.

The Board has ordered additional development due to the need for retrospective opinions regarding flare-ups of the Veteran's service-connected cervical and lumbar spine disabilities prior to February 26, 2019. The case is being returned to the RO for these assessments.

The Veteran's claims for an increased rating for his right knee strain and service connection for his low back injury/pain are being remanded due to the need for additional medical examinations.

The Veteran's thoracolumbar spine pain and obstructive sleep apnea have been granted service connection. The right ankle condition, PTSD, ear disability, and left knee pain claims are remanded for further development.

The Veteran's increased rating for low back degenerative disk disease is remanded, and his TDIU claim due to service-connected disabilities is also remanded.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine, GERD, bilateral knee disabilities, and bilateral shoulder disabilities due to inadequate reasons and bases in previous decisions. The issues are being returned for further examination and opinion.

The Veteran withdrew her appeal for all issues, including the rating for left rotator cuff tendonitis and low back strain.

The Veteran's claims for a compensable rating prior to September 7, 2011, and a rating in excess of 10 percent from September 7, 2011, for service-connected thoracolumbar spine disability are remanded. The issue of entitlement to service connection for a cervical spine disability is also remanded.