Back / lumbar spine decisions — 2021

The Veteran's appeal for initial compensable ratings on several service-connected conditions, including a right knee scar and back disability, is remanded due to the need for additional evidence or examination. The TDIU claim from November 19, 2008, to October 22, 2009, is granted.

The Veteran's appeals for service connection and rating increases have been dismissed due to his withdrawal of the appeals.

The Board has remanded the claims for service connection for a back disorder and bilateral lower extremity radiculopathy associated with the back disorder due to additional development being required.

The Veteran's acquired psychiatric disorders, to include PTSD, are related to her military service and the claim for service connection is granted. The claims for low back disability, bilateral foot disability, right knee disability, left knee disability, and allergic rhinitis remain pending.

The Board has remanded the Veteran's claims for service connection for various musculoskeletal conditions, including bilateral eye condition, left knee condition, right knee condition, lumbosacral spine condition, cervical spine condition, right ankle condition, and left ankle condition. The VA is required to provide additional examinations or opinions that address the lay evidence of record and provide rationale for any conclusions reached.

The Board has remanded the cases for further development due to concerns about the competency of the VA examiner.

The Veteran's appeal was dismissed because he died during the pendency of his claims, and the Board has no jurisdiction to adjudicate the merits of these appeals.

The Board has decided to remand the Veteran's claims of service connection for left shoulder disability, right shoulder disability, and lower back disability due to outstanding non-VA treatment records.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unable to secure or follow a substantially gainful occupation.

Service connection for IBS is granted.,PTSD with Depression and Panic Disorder was previously denied, but a higher rating of 50% prior to September 8, 2015, and 70% on or after that date is granted.,Lumbosacral Strain has been rated at 10% prior to January 11, 2021, and 20% on or after that date. The claim for a higher rating remains pending.,Right Lower Extremity Radiculopathy was previously denied, but the claim is remanded due to insufficient evidence.

The Board has denied the Veteran's claims for service connection for lumbar spine, right knee, and left knee disabilities due to a lack of evidence establishing a causal relationship between these conditions and his military service.

The Board dismissed the Veteran's appeals for service connection of his bilateral foot disorder, left knee disorder, right knee disorder, and lumbar spine disorder as he did not timely file a VA Form 10182 to seek further review.

The Veteran's claim for service connection for a lower back disorder is granted. The claim for service connection for a respiratory disorder (previously claimed as COPD) is denied.

The Board has remanded the claims for additional development due to outstanding treatment records and a need for a retrospective medical opinion regarding functional loss during flare-ups.

The Veteran's service-connected disabilities, including lumbar spondylolisthesis, adjustment disorder, left knee strain, tinnitus, and right elbow trauma, are found to render him unable to secure or follow substantially gainful employment. The Board grants the TDIU claim.

The Veteran's appeal for service connection for a left ankle condition was dismissed. The Board also remanded the issues of service connection for a back disability and left lower extremity radiculopathy.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected lumbar spine disability.

The Board has determined that there is at least a 50% chance (equipoise) that the Veteran's cervical spine disorder is related to his military service, and thus service connection for this condition is granted.

The Veteran's claims for service connection for right ear hearing loss, left ear hearing loss, tinnitus, a back disorder, and migraine headaches are all remanded due to duty-to-assist errors.

Service connection for a low back disability, right leg sciatic pain, and left leg sciatic pain and paresthesia is denied.,Service connection for an acquired psychiatric disorder (unspecified depressive disorder with anxious distress) is granted.