Back / lumbar spine decisions — 2021

The Board has decided to remand the Veteran's claims for low back disability and hypertension due to incomplete service treatment records, inadequate VA examination reports, and lack of continuity of symptoms documentation. The RO is tasked with obtaining missing records from her second period of active duty service, locating in-service chiropractic care records, scheduling a new VA examination, and considering the credibility of her lay statements regarding low back pain.

The Veteran's claims for increased ratings in excess of the current disability ratings for his right wrist, back, sleep apnea, and right shoulder disabilities are being remanded due to inadequate VA examinations conducted several years ago. Additional development is needed to assess the current severity levels of these conditions.

The Board has remanded the claims for service connection for a back disorder and cervical spine disorder due to secondary service connection with his bilateral knee disability. The Veteran's left shoulder disorder is also inextricably intertwined with these issues.

The Board has remanded the case due to inadequate examination and lack of compliance with prior remand directives. The Veteran's claim for service connection for degenerative disease of the lumbar spine is being returned for further development.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examinations and consideration of new evidence.

The Veteran's PTSD was rated at 50% from November 12, 2014 to August 25, 2016. The Board found that the evidence did not meet the criteria for a higher rating and denied an increased rating. For the lumbar spine disorder, service connection is remanded as VA has not provided a medical opinion on its etiology. TDIU is also remanded due to inextricably intertwined issues.

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas, warranting a rating of 70 percent from November 22, 2013. The appeal is remanded for further evaluation on the issues of increased ratings for various conditions.

The Veteran's service-connected disabilities have precluded him from securing or maintaining substantially gainful employment since July 29, 2015.

The Board has decided to remand the cases for further development and examination due to incomplete service records and lack of VA examinations.

The Board has granted service connection for the Veteran's lumbar spine disability and bilateral shoulder disability, finding that these conditions are related to his active duty service.

The Veteran's service-connected disabilities render him so helpless as to be in need of the regular aid and attendance of another person, resulting in a grant of SMC based on this need. However, higher levels of SMC are available under the law, which requires remand for further adjudication.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the appellant's withdrawal of these claims.

The Board has remanded the claims of service connection for PTSD and lumbar spine degenerative disc disease, as well as the claim for TDIU due to service-connected disabilities. The Veteran's attorney requested extensions for submitting evidence and argument.

The Veteran's lumbosacral strain with degenerative arthritis of the spine was denied for an initial rating in excess of 20 percent prior to January 17, 2019 and from January 17, 2019. The claim for a staged rating in excess of 40 percent is also denied.

The Veteran's service-connected left and right lower extremity diabetic neuropathy have been granted increased ratings of 60 percent each. Service connection for an upper back condition has been denied.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to her military service.

The Board has remanded the case due to conflicting medical opinions and a need for further clarification on whether the Veteran's low back condition is related to service or pre-existing.

The Board has remanded four issues for further development and consideration: service connection for a low back disability, respiratory disability (claimed as COPD), left ankle disability, and sterility. The Veteran's claims are being returned to the AOJ for additional medical opinions and records.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development. The initial rating for lumbar myositis remains at 40 percent, while other conditions remain denied.

The Veteran's claim for a left ankle disability is denied as he does not have a current diagnosis of this condition.,The Veteran's lumbar spine disability has been restored to its prior 20% rating effective October 1, 2017.