Back / lumbar spine decisions — 2021

The Veteran's claim for an earlier effective date for a 20% rating for his back disorder is denied. The January 1988 and February 2004 decisions are final, and the only way to have an earlier effective date would be through a finding of clear and unmistakable error (CUE).

The Veteran's lumbar spine disability, left and right lower extremity radiculopathy, and TDIU claim are all granted as of February 12, 2021. Dependents' Educational Assistance is also established for the same date.

The Board has remanded the issues of service connection for right hip disability, migraine headaches, and left hip disability due to insufficient development. The Veteran's lumbosacral strain disability remains at a 20 percent rating based on current evidence.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to July 7, 2008.

The Veteran's back disability, specifically lumbosacral strain degenerative disc disease (DDD) and disc protrusion (IVDS), is rated at 40 percent prior to March 1, 2021, and a higher rating of 40 percent thereafter. Additionally, the Veteran has been granted entitlement to TDIU.

The Veteran's bilateral knee osteoarthritis is granted as secondary to their service-connected left foot hallux valgus.,Service connection for a back disorder is denied.,Service connection for migraines is denied.,Service connection for a bilateral elbow disorder is denied.

The Board has reopened the Veteran's claim for service connection for a thoracolumbar spine disability and remanded it due to new evidence suggesting an in-service injury. The VA examiner will be asked to provide an opinion on whether the current back disabilities are related to service.,The Veteran's right lower extremity neuropathy, kidney disability, gastrointestinal disability, and right thigh disability are all secondary to her thoracolumbar spine disability.

The Veteran's claims for service connection for a low back condition and congestive heart failure have been dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate these claims as they are moot.

The Veteran's service-connected lumbosacral strain disability was rated at 40 percent from March 20, 2008. The appeal for a higher rating is denied as the disability did not manifest in unfavorable ankylosis.

The Board has granted a TDIU on an extraschedular basis due to the Veteran's service-connected back and right foot disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection are being remanded due to the need for additional development of his medical records and a VA examination.

The Board has remanded several issues related to the Veteran's knee and back disabilities, including service connection for right knee ligament disability. The left and right knee disabilities are currently rated at 10 percent each, but the Veteran contends they warrant higher ratings. Service connection for erectile dysfunction due to Gulf War exposures is also remanded.

The Board has reopened the Veteran's claims for service connection for back and neck conditions due to new evidence. However, the claims are still pending as they have been remanded for additional development.

The Board has remanded the claims for increased ratings and reopening of service connection due to new evidence added to the record.

The Board has remanded the claims for service connection for a low back disability and an undiagnosed illness (including chronic fatigue syndrome or fibromyalgia) due to inadequate examination reports. The Veteran is required to undergo new examinations to determine the nature and cause of his disabilities.

The Board dismissed the appeals for service connection of sleep apnea, gastroesophageal reflux disease (GERD), high blood pressure, lumbar spine pain, and bilateral rotator cuff disorders due to the Veteran's withdrawal.

The Veteran's pre-existing low back pain was aggravated by his service, and the Board has granted service connection for this condition.

The Veteran's lumbar spine degenerative disc and joint disease is related to his in-service fall.,The Veteran's neurogenic claudication of the right lower extremity is proximately due to his service-connected lumbar spine disability.,The Veteran's neurogenic claudication of the left lower extremity is proximately due to his service-connected lumbar spine disability.,The Veteran has experienced ringing in the ears related to tinnitus since his separation from service.

The Veteran's right ankle traumatic arthritis is currently rated at 10 percent, and his low back disability is granted service connection. The rating for the right ankle remains unchanged, while the low back disability receives a grant of service connection.

The Veteran's cervical spine disability was initially rated at 10 percent from October 14, 2011 to February 6, 2019 and increased to 20 percent thereafter.,The Veteran's low back disability was initially rated at 10 percent from October 14, 2011 to February 6, 2019 and increased to 20 percent thereafter. The left lower extremity radiculopathy was also granted a 20 percent rating.