Back / lumbar spine decisions — 2021

The Board denied the Veteran's claim for service connection of a back condition, finding that there was no evidence linking his current disability to his military service.

The Veteran's TDIU claim is remanded due to an inadequate VA examination that did not consider the impact of her service-connected back and right hip disabilities on her employment.

The Veteran's claim for a rating of 40 percent for lumbosacral strain and his claims for service connection for unspecified anxiety disorder and major depressive disorder are both granted. The Veteran is also remanded for further development regarding the claim for service connection for migraine headaches.

The Veteran's service-connected somatic pain disorder is rated at 70% and the Board has determined that his disability renders him unemployable due to physical limitations, thus granting a TDIU.

The Board has remanded the claim of service connection for a lumbosacral strain (claimed as low back disability) due to insufficient evidence in the VA examination report.

The Veteran's claim for an increased rating for his low back disability was dismissed. His earlier effective date claim based on CUE in a June 2008 decision was granted, with the effective date set at October 18, 2007. The issues of service connection for right elbow and right knee disabilities were remanded.

The Veteran's service-connected disabilities, including other trauma and stressor related disorder, lumbar intervertebral disc syndrome, degenerative disc disease, degenerative arthritis, lumbosacral strain, right lower extremity radiculopathy, left lower extremity radiculopathy, tinnitus, bilateral pes planus, bilateral hearing loss, dermatitis of the neck, and erectile dysfunction, have rendered him unable to secure or follow substantially gainful employment since September 17, 2016. The Veteran's combined service-connected rating was 80 percent at that time. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is established as of September 17, 2016.

The Board has remanded the Veteran's claims for service connection for flat feet, low back disability, and right knee disability due to new evidence received. The claims are being reviewed based on continuity of symptomatology since service.

The Board has dismissed the Veteran's claims for an initial rating in excess of 40 percent for service-connected lumbosacral strain with degenerative arthritis of the spine and for a total disability rating based on individual unemployability (TDIU) for the period prior to November 9, 2018. The Veteran withdrew his appeals.

The Veteran's effective date for the increased rating of 40 percent assigned to his back disability and for the separate evaluations assigned to his bilateral lower extremity radiculopathy is set at November 16, 2017.

The Veteran withdrew his appeal regarding service connection for a back disability and chest pain, resulting in the dismissal of these claims.

The Board has granted a higher rating for the veteran's service-connected low back disability and awarded him Total Disability Rating Based on Individual Unemployability (TDIU) effective October 20, 2020. The appellant is eligible to receive attorney fees from past-due benefits based on this decision.

The Board has granted service connection for the Veteran's lumbar spine, right ankle, and left ankle disabilities as they are conditions that onset during his active service.

The Board has remanded the claims for a rating in excess of 20 percent for low back disability and TDIU due to inadequate examinations. Additional records are needed, including VA clinical records from November 2018 to present, and new examinations are required.

The Veteran's TDIU claim for the period prior to February 11, 2017 is denied as he was gainfully employed during this time.

The Veteran's claims for service connection for a low back disability and allergic rhinitis (claimed as sinusitis) are being remanded due to the need for additional medical opinions. The Veteran is also granted new and material evidence to reopen his claim for service connection for a low back disability.

The Veteran's appeals for service connection on multiple conditions have been withdrawn, resulting in the dismissal of all claims.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for lumbar spine DDD and an effective date prior to December 4, 2014. Additional development is required due to lack of substantial compliance with previous remand instructions.

The Board has determined that further development is necessary for the following claims: whether new and material evidence has been received to reopen a claim of service connection for a sleep disability, entitlement to service connection for a right shoulder disability, entitlement to a disability rating in excess of 20 percent for lumbosacral myositis and lumbar disc degeneration, entitlement to a compensable rating for gastroesophageal reflux disease (GERD), and entitlement to a rating in excess of 10 percent for left knee tendonitis. The claims are being remanded due to the need for additional medical examinations and development.

The Board has remanded the Veteran's claims of service connection for various disabilities due to incomplete service treatment records. The VA must conduct additional searches for these records and provide a response in writing if they are found to be unavailable.