Back / lumbar spine decisions — 2021

The Veteran's claim for a rating in excess of 40 percent for his back disability was denied. Separate initial ratings of 10 percent were granted for sciatic radiculopathy of the right and left lower extremities effective October 12, 2010.

The Veteran's claims for service connection for bilateral hearing loss, increased ratings for lumbar spine DDD, and initial ratings for LUE and RUE thoracic outlet syndrome were denied. The Veteran's claim for an increased rating for his lumbar spine DDD was partially granted with a 10 percent rating prior to March 31, 2021 and a 20 percent rating from that date onwards. His claims for initial ratings of LUE and RUE thoracic outlet syndrome were also granted but at the same time denied for increased ratings after March 31, 2021.

Your appeal has been remanded to the AOJ for additional development and consideration of your service connection claims. You are required to provide information about any healthcare providers who have treated you, and all outstanding VA medical records must be obtained.

The Veteran's claims for service connection and increased rating for his left knee disability, right knee disability, and back disability are remanded due to the need for additional medical opinions.

The Veteran's claims for increased ratings and TDIU have been denied. The Board found that the evidence did not support a higher rating for his knee disabilities, low back disability, or sciatica.

The Board has denied the Veteran's claims of service connection for various conditions, including back disability, neck disability, right hip disability, sleep disability (including sleep apnea), hypertension, migraines, and TBI. The Board found that there was no evidence to support a direct link between these conditions and his time in service.

The Veteran's service connection for degenerative arthritis of the thoracolumbar spine is granted. The Board finds that remanding the issues of service connection for sleep apnea, hypertension, and impotence is necessary as the representative has recently advanced that these disorders may be secondary to obesity caused by the service-connected disabilities.

The Board has remanded the claims for SMC based on need for aid and attendance, higher ratings for sciatic nerve radiculopathy of both lower extremities, and a higher rating for degenerative disc disease of the lumbar spine. The VA is required to obtain additional medical records and provide an addendum to the previous examinations regarding the Veteran's need for regular aid and attendance due to service-connected disabilities.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination for service connection of a low back disability.

The Board has remanded the claims of service connection for a lumbar spine disability, right foot disability, left foot disability, and an acquired psychiatric disorder due to the need for further development and examination.

The Veteran's claim for a rating in excess of 20 percent prior to July 29, 2020 and in excess of 40 percent thereafter for his back disability is denied. The issue of entitlement to TDIU prior to September 12, 2018 is remanded.

The Veteran withdrew his appeals for the claims of lumbar spine disability, headaches, hypertension, and enlarged heart with chest pain and abnormal EKG. The remaining issues are being remanded.

The Veteran's sinus headaches are being remanded for further evaluation. The Board has granted a 10 percent rating for allergic rhinitis, status post septoplasty, and denied higher ratings. TDIU is granted beginning April 6, 2012.

The Veteran's request for a higher-level review of the October 2018 rating decision is denied as it was not filed within one year of the decision.

The Veteran's claim for increased ratings and TDIU was granted, resulting in past-due benefits. The appellant is eligible to attorney fees based on this grant of benefits.

The Veteran's appeals for increased ratings for right shoulder impingement syndrome and lumbosacral sprain were denied. The Board found that the evidence did not support a higher rating for either condition.

The Board denied service connection for a lumbosacral condition as there is no current diagnosis of the condition in the medical records.

The Board denied service connection for a lumbosacral condition as there is no current diagnosis of the condition in the medical records.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining private treatment records from his current provider and VA examinations for his service-connected conditions. The TDIU claim is also remanded as proper VCAA notice must be provided.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance due to his inability to perform daily activities such as feeding, dressing, bathing, and attending to personal hygiene needs. The Board has granted special monthly compensation based on the need for aid and attendance.