Back / lumbar spine decisions — 2021

The Board has remanded the case due to a duty to assist error, specifically regarding an inadequate VA examination for the Veteran's lumbar spine disability prior to January 10, 2017.

The Board has remanded the claim for service connection of low back injury residuals due to inadequate medical opinion regarding nexus between current disability and service. The Veteran's STRs show multiple instances of diagnosed and treated back issues, but a VA examiner found no link to service.

The Veteran's service connection claims for cervical, thoracic, lumbar spine disorders, right shoulder disorder, left shoulder disorder, and right ankle disorder were denied as the evidence did not establish a direct relationship to military service.

The Board has determined that the Veteran's current lumbar spine disability is related to his service and granted service connection for mechanical back pain and degenerative disc disease of the thoracolumbar spine.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine disability is denied. The Board found that the evidence did not show forward flexion limited to no more than 60 degrees or incapacitating episodes during the period on appeal.

The Board has remanded the claims for service connection for a back disorder, left upper extremity disorder (claimed as carpal tunnel syndrome), right upper extremity disorder (claimed as right carpal tunnel syndrome), and major depressive disorder due to insufficient evidence or inadequate opinions. The TDIU claim is also remanded.

Service connection is granted for chronic left knee pain. Service connection is denied for right knee disability, to include osteoarthritis.,The Veteran's lumbar spine disability and heart disability are remanded for further development.

The Board has remanded the Veteran's claims for service connection for low back disability and right carpal tunnel syndrome due to inadequate rationale in the VA examination reports. The cases are returned to the AOJ for further development.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's lumbar spine disorder. The case will be returned for further examination and opinion.

The Veteran's lumbar spine disability is rated at 40 percent effective April 13, 2016. The RO also granted service connection for degenerative disc disease of the lumbar spine and included it in his existing 20 percent rating.

The Board has denied service connection for the Veteran's claimed conditions, including lower back condition, heart condition, stomach condition, hypertension, hand condition, and diabetes mellitus. The claims are based on a lack of evidence linking these conditions to his active duty service.

The Board has decided to remand the Veteran's claims for service connection for a left knee condition and an initial rating in excess of 10 percent for his low back disability due to insufficient development. The issues must be addressed again with new evidence and examinations.

The Veteran's claims for neck injury residuals, headaches, and back disorder have been granted. The claims for right foot toes, right knee disorder, and left knee disorder remain denied.

The Board has remanded the cases due to insufficient evidence regarding the service connection for a back disability and the TDIU claim. The Veteran's lay statements, along with his service treatment records, will be considered in determining the nature and etiology of the claimed condition.

The Veteran's claims for increased ratings for lumbar and cervical spine disabilities were denied. The lumbar strain was rated as 20% prior to September 5, 2019, and the cervical strains were both rated as 10%. These ratings are not higher.

The Veteran's appeal is remanded for further examination and medical opinions regarding his back disability, right knee disability, and right hip disability. The issues of entitlement to an initial rating in excess of 10 percent for lumbosacral spondylosis (back disability), service connection for a right knee disability as secondary to the back disability, and service connection for a right hip disability as secondary to the back disability are all remanded.

The Board has granted service connection for OSA, Type 2 Diabetes Mellitus, low back disabilities (including degenerative arthritis, IVDS, and osteoarthritis of the lumbar spine with radiculopathy), right knee DJD, and left knee DJD. The appeal is remanded for further development regarding kidney stones.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's lumbar spine disability and TDIU claim, including obtaining treatment records and conducting a VA examination. The claims are being remanded for these purposes.

The Board has remanded the Veteran's claims for lower back condition and acquired psychiatric conditions due to incomplete compliance with prior remand directives. The AOJ is required to obtain additional medical records, including SSA records and private treatment records from Drs. H.J.C.M. and A.L.P., as well as San Juan VAMC records. An adequate opinion regarding the nature and etiology of the Veteran's lower back condition and acquired psychiatric conditions must be obtained.

The Veteran's claims for service connection for left knee and low back disabilities have been remanded due to the need for additional development.