Back / lumbar spine decisions — 2021

The Veteran's appeals for service connection for right knee disorder, respiratory disorder (bronchitis), dyslipidemia, warts, and right ankle disorder have been withdrawn.,The Veteran's appeal for service connection for degenerative disc disease with degenerative spondylosis of the lumbar spine has been granted.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and need for further examination. The issues include lumbar spine disorder, bilateral leg disorders, and headaches.

The Board has remanded the case for further development due to additional evidence received since the January 2021 Supplemental Statement of the Case.

The Board has denied service connection for right testicle removal, a back disorder, erectile dysfunction, and tinnitus due to lack of new and material evidence. The claim for psychiatric disorder is reopened but not granted as the Veteran does not have sleep apnea or hypertension that are related to service.,The Board found that there is insufficient evidence to establish a relationship between the diagnosed psychiatric disorders and service.

Your appeal has been dismissed due to the Veteran's passing. The Board does not have jurisdiction to proceed with your claims as they are no longer valid.

The Veteran's tinnitus and low back disability claims are remanded due to the need for additional medical opinions regarding their etiology. The AOJ must ensure that all development has been completed before final adjudication.

The Veteran's lumbar spine disability was granted a 40% rating from November 7, 2011 to July 12, 2021. From July 12, 2021 and thereafter, the Veteran is not entitled to an increased rating in excess of 40%. The Board found that his disability did not meet the criteria for unfavorable ankylosis or IVDS.

The Board has remanded the claim for service connection for lumbar-spine disorder due to multiple factors, including a need for updated opinions on secondary and aggravation claims. The case will be returned to the Board after further development.

The Veteran's claim for a TDIU rating based on PTSD is moot due to the assignment of a 100% schedular rating. The claims for TDIU and SMC are remanded as further development is needed.

The Veteran is granted a TDIU from September 23, 2019 to January 28, 2021. The Board also referred the issue of entitlement to a TDIU prior to September 23, 2019 on an extraschedular basis for consideration by the Director of Compensation Service.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to his active duty service.

The Board has remanded the case due to inadequate examination reports and failure to address objective neurologic abnormalities in VA medical records from January 2012 to June 23, 2019.

The Board granted a rating of 40 percent for the Veteran's lumbar disability, effective from the period on appeal.

The Veteran's claim for a higher rating for chronic lumbosacral strain was denied, and the Board found that his disability did not meet the criteria for a higher rating under the applicable diagnostic code. The issue of entitlement to TDIU due to service-connected disability was also denied.

The Board denied service connection for PTSD, finding no current diagnosis and insufficient evidence linking the condition to in-service stressors.,Service connection was also denied for bilateral shoulder disability due to lack of in-service injury or disease and insufficient evidence linking current symptoms to service.

The Veteran's lumbosacral strain with degenerative disc disease and scoliosis has not been manifested by forward flexion of the thoracolumbar spine of 30 degrees or less, so a higher rating is denied.

The Veteran's TDIU claim is being remanded due to incomplete information regarding his employment and income history. The Board will provide another opportunity for the Veteran to submit necessary forms, and any failure to respond may result in a decision based on current evidence or dismissal of the claim.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine the nature and etiology of his upper back condition. The Board also requests retrospective findings regarding his right knee condition.

The Board denied service connection for a back disability, finding that the evidence does not support a finding of a chronic back problem that started in service and continued since then.

The Board has dismissed all appeals due to the appellant's death.