Back / lumbar spine decisions — 2021

The Veteran's claims for right hand fifth finger, hypothyroidism, varicose veins, fibromyalgia, arthritis, and lumbar disability have been remanded due to insufficient medical opinions regarding the etiology of these conditions. The Board requests additional examination and opinion from qualified medical professionals.

The Board has remanded the case due to inadequate examination and lack of private treatment records, requiring a new VA examination to assess the severity of the Veteran's lumbar spine disability.

The Veteran's claims for increased ratings were partially granted, with a separate 10 percent rating for right knee instability and a remand for further development on the remaining issues. The lumbar spine disability claim was not addressed as it did not involve service connection.

The Veteran's cluster headaches were not incurred in service and are denied.,The Veteran's lower back condition is etiologically related to his military service and is granted.

The Veteran's appeal was dismissed due to their death, and the appeal was not valid as it did not follow the proper procedures for legacy system appeals.

The Veteran's claim for a rating of 60 percent from March 29, 2017 to November 25, 2019 for asbestosis has been granted. The effective date is set at the date of claim or the date entitlement arose, whichever is later.

The Veteran's lumbosacral strain with degenerative arthritis of the spine was previously rated at 40 percent, but this rating was reduced to 20 percent. The Board has restored the 40 percent rating effective October 1, 2019.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of a direct link to service or any other presumptive basis. The examiner concluded that the low back condition did not have its onset in service and is not related to any service-connected disabilities.

The Board has vacated its August 17, 2020 decision and remanded the cases for further development to obtain all service hospital records.

The Board has dismissed appeals for ratings on lumbar spine spondylosis and bilateral pes planus, and the appeal as to TDIU is moot. The Veteran's PTSD rating remains at 100% effective December 10, 2015. The case is remanded for further development regarding a higher rating for PTSD prior to that date.

The Board denied a higher rating for the Veteran's service-connected back disability, finding that her symptoms did not meet the criteria for a higher evaluation based on limitation of motion or ankylosis.

The Board has remanded the case due to insufficient information regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which is a risk factor for sleep apnea. The examiner needs to provide an opinion on this matter.

The Board has decided that the VA examinations performed in December 2019 regarding the etiology of the Veteran's claimed conditions are inadequate. The examination did not consider all periods of active duty service and all associated STRs. Therefore, the case is being remanded for further action.

The Board has remanded the case for additional development, including obtaining medical opinions on service connection for a low back disability. The Veteran seeks direct and secondary service connection.

The Board has remanded the claims for higher ratings for costochondritis and lumbar spine disability due to potential interference with employment. The Veteran's absences from work and leave taken under FMLA have been noted.

The Veteran's claims for service connection for a right ear disorder, right leg disability, left leg disability, and low back disability have been granted. The claim for service connection for a right foot disorder and left foot disorder is being remanded.,The Veteran's request to withdraw his claim of service connection for a right ear disorder has been granted.

The Board has found that VA examinations are necessary for the Veteran's claims of service connection for esophageal stricture and stenosis, scoliosis with degenerative joint disease and spinal stenosis (back disability), and inflammation of meniscus of the left knee. The Board also finds a remand is necessary to obtain the Veteran's Social Security Administration records.

The Board has decided to remand the case for a VA examination and opinion regarding the nature and etiology of the Veteran's claimed back disability.

The Board has determined that the Veteran's low back disability is related to service and grants service connection for this condition.

The Board denied the Veteran's claims for service connection for a left eye disorder, including as secondary to his service-connected lumbar spine disability. The evidence did not support a finding of direct service connection or secondary service connection.