Back / lumbar spine decisions — 2021

The Veteran's lumbosacral spondylosis with degenerative disc disease, intervertebral disc syndrome and degenerative arthritis was granted a 10% rating for the appeal period prior to April 1, 2016. For the appeal period beginning on April 1, 2016, he is granted a 40% rating.

The Board has remanded the claims for right knee, left knee, lumbar spine degenerative joint disease and disc disease (low back disability), left shoulder disability, and left leg/hip disability due to lack of substantial compliance with previous remand directives.

The Board has remanded the case due to missing service treatment records and a need for an additional medical opinion regarding the etiology of the Veteran's low back disability.

The Board has remanded the Veteran's claims for additional examinations to determine the current severity of his back and right knee disabilities, including range of motion findings and any functional impairment due to flares.

The Veteran's service-connected disabilities do not render him unemployable, as he is able to perform sedentary work with flexibility for position shifts and breaks.

The Board has remanded the Veteran's claims for additional development, including VA examinations to determine the likely etiology of his bilateral wrist and back disabilities. The claims are being returned to the RO for further action.

The Veteran withdrew his appeal for increased disability ratings in service-connected pseudofolliculitis barbae and moderate degenerative disc disease and facet arthropathy of the lumbar spine before a decision was made.

The Veteran's initial rating for lumbar spine disability was denied, with the Board finding that his symptoms did not meet or approximate the criteria for a higher rating.

The Veteran's claim for service connection for a sleep disorder diagnosed as insomnia has been granted.,Service connection is being remanded for the Veteran's claims of cervical spine disability, right knee disability, left knee disability, bilateral foot disability, bilateral eye disability, right shoulder disability, left shoulder disability, and low back disability.

The Veteran is granted SMC based on aid and attendance from January 30, 2019 onward. The issue of entitlement to SMC based on aid and attendance or housebound benefits from July 12, 2011 to January 29, 2019 is remanded.,The Veteran's claim for SMC T (based on a higher level of SMC under subsection (t)) has been reasonably raised by the record. The issue of entitlement to SMC based on aid and attendance from July 12, 2011 to January 29, 2019 is remanded.,The earlier effective date for radiculopathy of the upper extremities prior to February 9, 2021 remains pending.

The Veteran's radiculopathy of the right and left lower extremities, as well as her lumbosacral strain prior to June 1, 2016, are each granted a 20 percent rating. Her lumbosacral strain since June 1, 2016, is denied.

The Board has remanded the case for further development and rating consideration due to issues related to the Veteran's low back disability.

The Veteran's claim for service connection for a left hip condition is dismissed because the issue has been resolved in his favor. The low back disability claim is denied as it is not caused or aggravated by his service-connected disabilities. His TDIU claim is granted effective October 24, 2017.

The Veteran's thoracolumbar spine disability is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating based on current evidence. The issues of entitlement to initial ratings in excess of 10 percent for pansinusitis with headaches, hypertension, and rosacea are also remanded.

The appeal has been dismissed due to the Veteran's death.

The Veteran's service-connected disabilities have precluded him from engaging in substantially gainful employment since November 5, 2019. The Board granted a TDIU for this period of time but remanded the issue prior to November 5, 2019 due to lack of development.

The Veteran's tension headaches are granted service connection. The remaining issues of service connection for various musculoskeletal and psychiatric disabilities are remanded.

The Board has determined that further development is necessary before the claims for service connection can be adjudicated. The Veteran's back, foot, hip, and knee disabilities are being remanded for additional medical opinions to address the etiology of her conditions.

The Veteran's vertigo and right ankle tendonitis have been granted service connection, while the remaining issues are remanded. The Veteran was awarded a 30% disability rating for his right ankle tendonitis.

The Board has remanded the Veteran's claims for bilateral hearing loss and lumbar spine disability due to incomplete service personnel records, particularly regarding his periods of active duty in the Air National Guard. The VA will attempt to obtain these records and verify all periods of active duty.