Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for low back and right hip disabilities due to inadequate medical opinions in previous examinations. The AOJ is instructed to obtain additional records, including from chiropractors prior to April 2011, and arrange for a new examination by an orthopedic surgeon.

The Veteran's appeals for a compensable rating for left ankle scar, left shoulder scar, and painful left shoulder scar were dismissed due to the Veteran's request to withdraw his appeal.,The Veteran's claim for a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine with IVDS was denied. The Board found that there is no evidence of muscle atrophy or ankylosis associated with the condition.

The Veteran withdrew his appeals concerning increased evaluations for various conditions, including lumbar spine disability with intervertebral disc syndrome (IVDS), right knee disability, and right lower extremity radiculopathy. The appeals are therefore dismissed.

The Board has granted the Veteran's petition to reopen his claims for service connection for bilateral hand arthritis, left shoulder strain, right shoulder arthritis, and lumbar spine arthritis. The evidence tends to show that these disabilities are related to his active duty.

The Board has remanded the claims of service connection for stroke, an acquired psychiatric disorder other than PTSD, a back disorder, and a neck disorder due to lack of substantial compliance with previous remand instructions.

The Veteran's PTSD and sleep apnea are granted, but the claim for a higher rating for lumbar spondylosis with degenerative joint disease is dismissed.

The Board has remanded the Veteran's claims for further development, including obtaining service records and conducting examinations to determine the nature and etiology of his claimed conditions.

The Board has decided to remand the Veteran's claims for specially adapted housing and special home adaptation grants due to the need for additional development, including a VA examination.

The Veteran's claims for service connection for a low back disability and left knee disability have been reopened. The Board finds that the evidence supports service connection on a secondary basis due to his right knee disability. However, the claim for service connection for a left knee disability is REMANDED as there is insufficient medical opinion regarding whether the Veteran's left knee disability was aggravated by his right knee disability.

The Board denied service connection for back and neck disorders, finding that the evidence did not support a link between these conditions and active service.

The Veteran's service connection claims for right ankle osteoarthritis, lumbar spine DJD with DDD, and right elbow injury were denied. However, the Veteran was granted service connection for a right knee disorder (arthritis) and right foot plantar fasciitis.

The Veteran's claims for increased evaluations in excess of the current ratings for degenerative arthritis of the lumbar and cervical spine, as well as post-operative changes of the right knee, are being remanded due to a need for additional examinations.

The Board has decided to remand the Veteran's claims for increased rating and TDIU due to the need for a new VA examination of his lumbar strain.

The Veteran's claim for increased ratings for his intervertebral disc syndrome (IVDS) of the lumbar spine is remanded due to inadequate VA examinations.

The Veteran's service-connected disabilities, including anxiety disorder, lumbosacral strain, knee arthritis, tinnitus, and various nerve entrapments, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on this finding.

The Board has reopened the claim for service connection for a left ankle disability and remanded all other issues on appeal due to the need for additional development of the Veteran's service treatment records.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for right shoulder and lumbar spine disabilities, as the previous examinations did not fully consider his statements regarding in-service injuries and ongoing pain.

The Board has decided to remand the Veteran's claims for esophageal disability and back disability due to inadequate opinions in the June 2021 VA examination. The Veteran is seeking service connection for these conditions, with a possible link to radiation exposure during his military service.

The Veteran's appeals for increased ratings have been dismissed as the Veteran and his representative requested to withdraw all issues on appeal prior to the promulgation of a decision.

The Veteran's appeal is being remanded due to insufficient evidence for a disability rating greater than 40 percent and TDIU on an extraschedular basis.