Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for a compensable rating under VA regulations.

The Board has granted service connection for lumbar degenerative disc disease and coccyx injury, finding that the Veteran's current conditions are at least as likely as not related to his military service.

The Veteran's service-connected disabilities did not render him unemployable, as he was able to maintain gainful employment prior to September 8, 2008. From September 8, 2008, the combined rating of his service-connected disabilities met the criteria for a TDIU on an extraschedular basis.

The Board has granted the Veteran's claim for service connection for a lumbar spine condition, finding that it is secondary to his service-connected bilateral knee conditions.

The Veteran's service-connected disabilities, including his acquired psychiatric disability (depression and PTSD), migraine headaches, degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome and lumbar strain, left hip osteoarthritis, right hip osteoarthritis, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, patellofemoral pain syndrome of the right knee, lateral instability, post-operative patellofemoral pain syndrome of the left knee, and surgical scars of the left knee, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, as his mobility issues are compensated by the assigned ratings for his disabilities.

The Veteran's lumbar strain claim is being remanded for further examination and opinion to determine if it is related to service.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's lumbar spine disability prior to October 8, 2013.

The Board has remanded several issues related to the Veteran's service connection claims, including for PTSD, left foot condition, right foot disability, low back disorder, right big toe disability, right leg disability, left upper jaw numbness and tingling status post oral surgery, left upper jaw infection status post oral surgery, shrapnel wound to the right eye, and erectile dysfunction (ED) as secondary to an acquired psychiatric disorder. The Veteran's service connection claims are remanded due to a pre-decisional duty to assist error.

The Veteran's combined service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board has granted TDIU effective April 29, 2020.

The Board has remanded the Veteran's claims for service connection due to incomplete development and need for further examinations.

The Veteran's claim for a rating of 70 percent for PTSD prior to November 30, 2016 has been granted. The claim for service connection for lumbar strain was reopened and is currently pending.

The Veteran's lumbosacral strain and left lower extremity radiculopathy claims are being remanded for further review due to new evidence received after the June 2020 supplemental statement of the case.

The Veteran's service-connected disabilities, including bilateral hearing loss, right and left lower extremity radiculopathy, and lumbar spine disability, are being remanded for further evaluation due to recent increases in severity since the last VA examinations.

The Board has remanded the claims for service connection and TDIU due to insufficient rationale in previous VA opinions. The Veteran's cervical, thoracic, and lumbar spine disabilities are related to motor vehicle accidents since service, but not directly to an in-service incident. The chronic sinus condition is related to a May 2020 diagnosis, which may be outside the period of active service. The left lower extremity nerve condition and left foot condition are linked to a lumbar spine disability.

The Board denied service connection for residuals of double hernia, lumbago with L5-S1, herniated nucleus pulposus (claimed as a back condition), and history of varicocele, left.,There is no evidence in the record to support that any of these conditions began during or are otherwise related to active service.

The Board has determined that the Veteran's low back disability and bilateral hearing loss are not service-connected. The PTSD claim is remanded for further development.

The Board has remanded the Veteran's claims for service connection for a right hip disability, left hip disability, and low back disability due to inadequate medical opinions regarding secondary service connection.

The Board has denied a rating in excess of 60 percent for the Veteran's back disability and remanded the pseudofolliculitis claim. The decision is final with respect to these issues.

The Board has remanded the cases for additional medical opinions to address whether the Veteran's sleep apnea and lumbar spine disorders are related to his military service, particularly as secondary to his service-connected PTSD.