Back / lumbar spine decisions — 2021

The Board has granted service connection for a low back disability characterized as lumbar degenerative disc disease, lumbar spinal stenosis, and herniated lumbar disc. The decision is based on the Veteran's lay statements of experiencing symptoms since discharge from military service.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, qualifying for TDIU. The Veteran is not in need of regular aid and attendance due to his service-connected disabilities, thus SMC on the basis of aid and attendance is denied.

The Veteran's claims for service connection for a back condition and increased rating for osteoarthritis, right knee are being remanded due to the need for further development.,Service connection for a back condition is denied as less likely related to military service.

The Board has denied service connection for a lung disability, including COPD, pulmonary fibrosis, and emphysema. The Veteran's right ring finger, back, cervical spine, and psychiatric disabilities have been found to preclude him from securing and following substantially gainful employment prior to October 10, 2012. Service connection has also been denied for a right foot disability and a right hip disability.

The Board has granted service connection for a lower back disability and remanded the issue of whether preexisting bilateral pes planus was aggravated during service.

The Board has decided to remand the case due to the need for additional examinations and development, including obtaining updated VA examinations and SSA earnings statements. The Veteran's TDIU claim is also being remanded.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective June 24, 2021. The RO has remanded the issue of whether a higher rating for his lumbosacral strain is warranted prior to that date and since then.

The Board has remanded the case due to new evidence suggesting an increase in severity of the Veteran's lumbar spine disability. A new VA examination is needed to assess the current severity of his service-connected condition.

The Veteran's claims for service connection and initial rating of his left lower extremity radiculopathy, as well as his TDIU claim based on his thoracolumbar spine disability, are being remanded due to the need for additional examinations and development.

The Board has decided that the Veteran's lower back condition is service-connected. The left hip condition issue, increased rating for tuberculosis, COPD and asthma secondary to tuberculosis issues are all remanded for further evaluation.

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is capable of sedentary employment despite his physical limitations.

The Board denied service connection for a low back disorder, bilateral hip disorder, and right knee disorder as secondary to the Veteran's left knee disorder due to lack of evidence showing these conditions were related to his active service or service-connected condition.

The Veteran's claim for hypertension was granted, and his claim for higher ratings for knee disability is remanded. The issue of service connection for bilateral hearing loss is also remanded.

The Veteran's claim for service connection for a back disability was reopened and granted.,Service connection for the right knee and left knee disabilities were also granted as secondary to his service-connected left hip disability.

The Veteran's claim for an increased rating for postherpetic neuralgia of the 9th cranial nerve involving the right ear was granted with a 10 percent evaluation effective August 13, 2020. The Veteran's TDIU claim was denied as his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a new VA examination to assess his service-connected low back disability. The issues of entitlement to an increased rating for the low back disability and entitlement to TDIU are also being remanded as they are intertwined with the rating issue.

The Board has dismissed the Veteran's claims of entitlement to increased disability ratings for left and right lower extremity lumbar radiculopathy, as well as his claim for service connection for a right hip disorder due to the Veteran opting into the Appeals Modernization Act (AMA) review system.

The Veteran's claim for a higher rating for his thoracolumbar spine disability was denied, and the TDIU claim is moot as he has already received a combined total of 100 percent disability ratings.

The Board has granted service connection for aggravation of the low back arthritis by the service-connected left hip disability. The Veteran's PTSD is rated at 50 percent, and his residuals of a gunshot wound of the left hip are rated at 40 percent.

The Board has remanded the claims for development due to a lack of recent VA treatment records and an incomplete examination report. The Veteran's service-connected back disability is being evaluated, and his TDIU claim is inextricably intertwined with this issue.