Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for neck, back, right shoulder, and left knee disabilities due to inadequate medical opinions regarding their etiology. The VA is instructed to obtain updated treatment records and provide a supplemental medical opinion addressing the nature and etiology of each disability.

The Veteran's claim for service connection for a traumatic brain injury is denied as the evidence does not support a finding that he had such an injury during his active service.,The Veteran's lumbar spine disability, rated at 40 percent prior to August 19, 2014, and 20 percent thereafter, is remanded for further development due to inconsistencies in the medical records regarding the nature of the injuries sustained during service.,The Veteran's right lower extremity radiculopathy is granted a higher rating of 40 percent from November 8, 2019, but his left lower extremity radiculopathy remains at 40 percent. Both conditions are remanded for further development.,The Veteran's bilateral hearing loss claim is also remanded as the evidence does not meet the criteria for a higher rating.

The Veteran's service-connected bilateral plantar fasciitis is currently rated at 30 percent effective June 24, 2019.,The Veteran's service-connected lumbar strain is currently rated at 20 percent.,The Veteran's service-connected PTSD is currently rated at 70 percent after March 1, 2017, and 50 percent prior to that date.,The Veteran's service-connected TBI is not entitled to a compensable rating.,The Veteran's service-connected headaches are currently rated as 30 percent effective March 3, 2017.

The Board denied a disability rating in excess of 20 percent for the service-connected degenerative arthritis of the lumbar spine, finding that the Veteran's forward flexion did not reach 30 degrees or less.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has remanded the claims for acid reflux, sinusitis, lumbar spine disability, bilateral shin splints, and right upper extremity carpal tunnel syndrome due to insufficient evidence in the service treatment records.

The Veteran's radiculopathy of the left lower extremity is granted service connection, while his back disability remains remanded for further evaluation.

The Board has denied service connection for various conditions including bilateral hearing loss, tinnitus, a low back disability, hypertension, right foot and left foot disabilities, and hip disabilities. The evidence does not support a finding that these conditions are related to the Veteran's military service.

The Board denied service connection for a back disability and opiate use disorder, finding that the Veteran's current conditions are not related to his military service.

The Veteran's appeal was dismissed as he requested to withdraw his claims for spleen disability and right knee scar.,The claim for service connection for OSA has been reopened due to the submission of new evidence.

The Board has decided to remand the Veteran's claims for additional development due to missing VA treatment records and potential SSA disability benefits records. The Veteran is also required to undergo further medical examinations related to his knee, hip, back, neck, arthritis, foot, diabetes, peripheral neuropathy, erectile dysfunction, eye, lung, and hearing loss conditions.

The Board has remanded the case due to inadequate VA examination and retrospective opinion regarding the Veteran's low back disability, specifically prior to November 5, 2005.

The Veteran's claim for service connection of a back disorder has been reopened due to the submission of new and material evidence. The appeal is granted.

The Board has remanded the cases for further development, including obtaining an addendum VA opinion regarding the nature and etiology of the Veteran's sleep apnea. The low back disorder case is denied.

The Veteran's low back and left knee disabilities are granted as secondary to his service-connected right knee disability. The skin condition is remanded for further evaluation.

The Veteran's low back disorder, right hip disorder, and bilateral knee disorder are not service-connected.,However, the Veteran was granted service connection for a respiratory disability (bronchitis), with no specific effective date provided.

The Board has remanded the claims for bilateral hearing loss disability, right knee disability, left knee disability, lumbar spine disability, and diabetes mellitus type II due to inadequate VA examinations and incomplete records. The Veteran is required to provide authorization for release of his private treatment records from Precision Fabric and Pleasant Garden Family Medicine.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective October 8, 2021.,Separate initial ratings of 10 percent each are granted for sciatic radiculopathy of the left and right lower extremities from May 5, 2009 to May 5, 2013. Effective May 15, 2013, separate initial ratings of 10 percent each are granted.,Separate initial ratings higher than 10 percent for sciatic radiculopathy of the left and right lower extremities from May 15, 2013 to March 5, 2020 are denied.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in his VA examination reports. The issues include left leg, left knee, sleep disorder, residuals of cold weather injuries, and low back disorders.

The Board has granted service connection for a low back disability, bilateral hearing loss, and tinnitus. The evidence is at least in equipoise regarding the etiology of these conditions, with some opinions suggesting they are related to service.