Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for additional development and evaluation, including an addendum opinion from the October 2020 examiner regarding the Veteran's lumbar spine disability. The Veteran is also pending a TDIU determination.

The Board denied the Veteran's claim for service connection for lumbar spondylosis and degenerative disc disease, finding that there was no evidence of a current disability related to active service.

The Veteran's thoracolumbar spine disability is granted service connection, and his stroke residuals are denied. His right knee instability and limitation of motion are both granted a 20 percent rating.

The Board has decided that a new examination and updated treatment records are needed to properly assess the Veteran's back disability, which is currently rated at 20 percent. The case is being remanded for these purposes.

The Board has remanded the claims for service connection for a back disorder and gastrointestinal disorder including GERD, as well as whether PTSD aggravated the gastrointestinal disorder. The VA is instructed to obtain additional medical opinions regarding these issues.

The claims for service connection have been reopened due to the submission of new and material evidence. The Veteran's pulmonary embolism (fainting spells) and systemic lupus (arthritis) are being remanded for further development, including a VA examination to determine their relationship to active service.

The Veteran's claims for service connection for a bilateral wrist disability and a back disability have been denied. The Board has also remanded the issues of service connection for a right knee disability and bilateral hearing loss.

The Board has remanded the Veteran's claims of service connection for left shoulder and low back disabilities due to inadequate medical opinions in previous decisions. The case must be returned for further development.

The Board has remanded the Veteran's claim for service connection for a cervical/lumbar spine disability, to include as secondary to a left shoulder disability due to inadequate medical opinions and failure to comply with prior remand directives.

The Board has remanded the Veteran's claims for neck, back, left hip, right knee, carpal tunnel syndrome of the bilateral upper extremities, and headache conditions due to inadequate examinations and failure to address certain aspects of his claims.

The Veteran's service-connected conditions do not preclude him from obtaining or maintaining substantially gainful employment.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's thoracolumbar spine disability, including osteoarthritis and degenerative disc disease. Additional development is needed.

The Board has decided to remand the case due to inconsistencies in the VA examination findings regarding the Veteran's lumbar spine disability, specifically concerning the presence of flare-ups. A new VA examination is required to address these issues and determine the current severity of the condition.

The Veteran's service-connected lumbosacral strain and cervical strain have been granted increased ratings of 40 percent effective February 6, 2020. The rating for the lumbosacral strain is based on symptoms comparable to forward flexion of the thoracolumbar spine at or below 30 degrees, while the rating for the cervical strain is based on symptoms comparable to forward flexion of the cervical spine at or below 15 degrees.

The Veteran's disability rating for lumbar degenerative disc disease was increased to 20 percent effective June 1, 2016, and remains at this level until November 21, 2019.

The Board denied the Veteran's claim of service connection for a back disability, finding that there was no evidence of a chronic back disability during service and insufficient post-service medical records to establish continuity of symptomatology. The Board also noted conflicting statements from the Veteran regarding when he first experienced symptoms.

The Board has remanded the case due to inadequate medical opinions and need for additional development, including verification of service dates and a new VA examination.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbosacral strain with lumbar degenerative spine disease, status post-surgical repair of right shoulder, chondromalacia of right knee, and chondromalacia of left knee (status post meniscus tear). The remand is due to the Board's reliance on May 2018 VA examinations that did not comply with Correia v. McDonald and Sharp v. Shulkin.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to incomplete evidence. The VA will obtain additional medical records from private providers and provide a new VA examination.

The Board denied the Veteran's claim for an earlier effective date for a 40 percent rating for his service-connected lumbar spine disability, finding that there was no unadjudicated claim for an increased rating prior to March 28, 2008 and that it is not factually ascertainable from the evidence that the Veteran's disability increased in severity during the one-year period prior to March 28, 2008.