Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for service connection due to insufficient rationale in the VA examination reports and failure to consider his lay statements regarding the onset of his symptoms.

The Board has determined that additional evidence is needed to fully and fairly consider the issues of service connection for various disabilities, including back disability, acquired psychiatric disorder, diabetes mellitus, Type II, left hip disability, right hip disability, right knee disability, diverticulitis, sepsis, residuals of breast cancer, status post double breast mastectomy, and mastectomy scars. The Veteran's representative has requested that the VA examine her for these conditions to determine their relationship with her service-connected total hysterectomy, removal of uterus and both ovaries.

The Veteran's service-connected disabilities, including lumbar spine degenerative arthritis and multiple radiculopathies, have rendered him unable to secure and follow substantially gainful employment since March 9, 2017.

The Veteran's low back disability is rated at 40 percent for the entire period on appeal, effective October 14, 2010.

The Veteran's low back disability is rated at 40 percent since November 13, 2006 and higher ratings are denied.,Separate 40 percent ratings for bilateral lower extremity radiculopathy have been granted effective June 3, 2011, with even higher 60 percent ratings since May 20, 2015.

The Board has remanded the case due to the need for clarification regarding whether the Veteran's discitis with osteomyelitis is related to her service-connected residuals of compression fracture L3, with post traumatic DJD and lumbosacral strain. The examiner should also determine if the Veteran requires aid and attendance or is housebound.

The Board has denied service connection for a mental disorder, but has remanded the issues of service connection for a lumbar spine disorder, scars, and a skin disorder. The Veteran's claims are being returned to the RO for further development.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including skin condition, lumbar spine disability, wrist and thumb disabilities, foot disabilities, ankle disabilities, and knee disabilities. The AOJ is instructed to obtain new medical opinions regarding the nature of the Veteran's treatment for his skin condition, etiology of his back and bilateral hand conditions, etiology of his foot and ankle conditions, and etiology of his bilateral knee conditions.

The Veteran's claims for effective dates earlier than April 10, 2018 for the grant of service connection for various conditions have been denied.,Effective dates cannot be established before the date of separation from active duty or the date entitlement arose if within one year.

The Veteran's service-connected disabilities rendered him unemployable, and the Board granted a TDIU for the period from February 20, 2008 until July 15, 2010.

The Board has remanded the cases for additional development due to incomplete or insufficient examinations, and because the issues are inextricably intertwined with the cervical spine disability.

The Board has remanded the case due to insufficient range of motion estimates and functional loss assessment in the VA addendum opinion. A new addendum opinion from an orthopedic specialist is needed.

The Veteran's tinnitus is granted as service-connected.,Service connection for right ear hearing loss is denied.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss as defined by VA regulations. The issues of entitlement to service connection for bilateral knee, left ankle, and low back conditions are remanded due to lack of medical evidence.

The Board denied service connection for low middle back disability, left knee disability, and right knee disability. The evidence did not show an in-service injury or disease that led to the current disabilities.,There is no medical evidence showing a fall during active duty in 1981 caused the Veteran's current back and knee conditions.

The Veteran's headaches started during service and continued until his death. The Board finds that the evidence is at least in equipoise as to whether the Veteran's headaches had their onset in service, and grants service connection for headaches.,Regarding the acquired psychiatric disorder (PTSD, Anxiety Disorder, Major Depressive Disorder, Schizoaffective Disorder), the Board notes there are several diagnoses present. Adequate opinions have not been obtained that separately address each theory of entitlement and psychiatric disorder that the Veteran was diagnosed with during the period on appeal.

The Veteran's back disability is rated at a 50 percent rating, effective from the date of this decision. Ratings for right and left lower extremity radiculopathy have been assigned based on their respective conditions.

The Veteran's appeals for increased ratings on several conditions have been dismissed.,The claims for service connection for right knee arthritis and hearing loss of the left ear have been reopened.

The Board has remanded the claims for rheumatoid arthritis, respiratory disorder (scar tissue of the lungs), and low back disorder due to inadequate medical opinions. The Veteran's service connection claims are now pending.

The Board denied the Veteran's claims for service connection for residuals of mycobacterium tuberculosis, an increased rating for tension headaches, and initial ratings for cervical spine intervertebral disc syndrome (IVDS) and scars post-lumbar spine surgery. The appeals were all denied as there was no current disability found in each case.