Back / lumbar spine decisions — 2021

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no credible evidence of ongoing low back symptoms in the years following service discharge and denying presumptive service connection due to lack of manifestation within one year after separation.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, leading the Board to grant his claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has remanded the cases for further development and to obtain VA medical opinions regarding the Veteran's claims for head injury residuals, lumbar spine disability, cervical spine disability, right shoulder disability, and bilateral knee disability.,Further examination is needed to determine if any of these conditions are related to service.

The Veteran's claim for increased ratings for degenerative changes of the lumbosacral spine and lower extremity radiculopathy was denied. The Veteran is currently receiving a 10% rating for each condition.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective March 1, 2006. The increased evaluation for sciatic radiculopathy of the right and left lower extremities was granted as well.

The Veteran's appeals seeking higher ratings for traumatic arthritis of the cervical spine, dorsal spine, back disability, and left ulnar nerve have been withdrawn. As a result, these issues are dismissed.

The Veteran's claim for a rating in excess of 60 percent for bronchial asthma with obstructive sleep apnea was denied, but service connection for lumbar disc disease was granted.

The Board has determined that the AOJ did not substantially comply with its November 2020 remand directives regarding obtaining service personnel records and private medical records. The Veteran's left ankle condition, lower back condition, and bilateral lower extremity radiculopathy claims are being remanded for further development.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and military personnel file, as well as any private medical records. The claims for service connection are being remanded.

The Board denied service connection for a lumbar spine disorder and the Veteran's claim for TDIU based on bilateral hearing loss and tinnitus due to lack of evidence linking these conditions to his military service.

The Veteran's service-connected disabilities prevent her from securing and following substantially gainful employment prior to May 29, 2020. She is also found unable to secure or maintain substantially gainful employment due to her service-connected conditions.

The Board dismissed the Veteran's claims for service connection of lumbar and cervical spine disorders due to a lack of jurisdiction, as the Veteran opted-in to the modernized review system under AMA.

The Veteran's claims for service connection for residuals of a traumatic brain injury, acquired psychiatric disorders (including PTSD and depression), and thoracolumbar spine disorder have been granted.,Service connection is also granted for hearing loss.

The Board has remanded the claim for a low back condition due to insufficient evidence in the July 2017 VA examination. The examiner needs to provide an opinion on whether the Veteran's current low back condition is related to his active-duty service, specifically mentioning his December 1967 complaint of back pain.

The Veteran's claim for Individual Unemployability prior to January 2, 2011 is denied as he was gainfully employed full-time from November 9, 2008 to January 1, 2011 and did not meet the statutory criteria for a TDIU during that period.

The Veteran's claims for an initial compensable rating for residuals, ruptured ovarian cysts and service connection for lumbar strain are remanded due to duty-to-assist errors.

The Board has determined that the Veteran's low back and right knee disabilities are not service-connected as they did not manifest during his active duty or are otherwise related to his military service.

The Board has decided to remand the case due to issues with proper notice for a VA examination regarding the Veteran's lower back disorder. The Veteran is seeking service connection for this condition.

The Veteran's claim of service connection for a lumbar spine disorder was dismissed as the appeal has been resolved.,The Veteran's claim for an increased rating for migraine headache disability prior to August 27, 2021 is granted with a 50% evaluation.

The Board has remanded the Veteran's claims for service connection, DIC based on service connection for the cause of death, and TDIU due to additional development being necessary. The claims are related as they involve the same Veteran and his lumbar spine disability.