Back / lumbar spine decisions — 2021

The Board has remanded the claims for service connection due to a failure to cooperate in scheduling VA examinations. The appellant and his representative provided reasons related to the ongoing COVID-19 pandemic, which led to the decision to remand.

The Board has remanded the claims for further development due to insufficient medical opinions regarding the etiology of various conditions, including low back disability, right inguinal hernia repair, GERD, diabetes mellitus, CAD, neck disability, hypertension, hemorrhoids, renal failure, and colitis.

The Veteran's claim for service connection for memory loss was denied due to lack of a present diagnosis.,Service connection for low back disability and bilateral ingrown toenails due to onychomycosis is granted, with the latter being resolved in favor of continuity of symptoms since service.,The Veteran's right knee disability remains remanded.

The Board has remanded the Veteran's claim for service connection for lumbar spine disability to include as secondary to residuals of left ankle sprain and right hip disability due to inadequate opinions from a VA examiner. The case is being returned for further development.

The Board has remanded the case due to a lack of clarity regarding when and where the Veteran initially filed his claims for service-connected disabilities. The appellant needs to provide additional documentation or information to substantiate her claim.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, a left arm disorder, hemorrhoids, skin disorder (dermatitis), and lumbar cyst due to incomplete records and need for updated VA treatment records.

The Board has determined that new and relevant evidence was received to reconsider the Veteran's claims on appeal. The Veteran is currently diagnosed with left knee, lower back, and right shoulder disabilities; service treatment records confirm treatment for left knee and back conditions; and he is service connected for a right knee disability. The Board finds remand necessary due to inadequate VA examinations.

The Veteran's service connection claims for obstructive sleep apnea, lumbar spine degenerative changes, and right lower extremity peripheral neuropathy have all been granted.

The Board has remanded the case due to a pre-decisional duty to assist error and will need to schedule an appropriate examiner to determine the nature and cause of the Veteran's IVDS and degenerative arthritis.

The Board has remanded the claims for cervical spine, lumbar spine, left lower extremity neuropathy, left upper extremity neuropathy, and neck scar disabilities due to a predecisional duty to assist error. The Veteran's service records show in-service treatment for these conditions.

The Veteran's service connection claims for left ear hearing loss, fatigue secondary to OSA, and several other conditions have been denied. The Veteran does not meet the criteria for a current disability in some of these cases.,Service connection for right elbow condition, left elbow condition, left hip condition (secondary to trochanteric bursitis), and left knee condition (secondary to patellofemoral syndrome) has also been denied.

The Veteran's appeal for an earlier effective date for service connection of right knee patellofemoral pain syndrome is dismissed. The Board has also remanded the issues of service connection for low back disability, cervical spine disability, and headaches.

The Veteran's claim for increased ratings for his back disability was denied, with a 60% rating being granted effective February 9, 2015. The previous claims were denied prior to this date.

The Board has found that the Veteran must be afforded VA examinations to determine the etiology of his claimed low back, cervical spine, right knee, left knee, right ankle, left ankle, right foot, and left foot disabilities. The appeal is remanded for these purposes.

The Veteran's claim for an effective date prior to March 29, 2013, for the grant of service connection of migraine headaches has been denied. The Veteran is currently rated at 50 percent for her migraines.,The Veteran's claim for a higher rating for her service-connected migraine headaches remains denied as there are no additional symptoms or residuals that would warrant a higher rating under the applicable criteria.,The Veteran's claim for service connection of viral meningitis has been denied due to lack of evidence of a present disability and insufficient evidence linking any in-service incident to current symptoms.,The Veteran's claim for service connection of her left hand disability (claimed as a pinched nerve) remains pending, with the issue remanded.,The Veteran's claim for service connection of bilateral plantar fasciitis has been granted.,The Veteran's claim for service connection of an acquired psychiatric disability (PTSD) is remanded.,The Veteran's claims for left shoulder and cervical spine disabilities are both pending, with the issues remanded.,The Veteran's claim for service connection of her left elbow injury (claimed as a pinched nerve) remains pending, with the issue remanded.,The Veteran's claim for service connection of peripheral enthesopathy (claimed as shin pain) is pending and has been remanded.,The Veteran's claim for service connection of polyuria is pending and has been remanded.,The Veteran's claims for service connection of her lumbar spine disability, skin condition (claimed as tinea pedis and toenail fungus), and skin condition (claimed as acne) are all pending and have been remanded.

The Board denied a higher initial disability rating for the Veteran's lower back disability, finding that the evidence did not show forward flexion limited to 60 degrees or less.

The Board has remanded the claims for service connection and secondary service connection due to insufficient opinions regarding the relationship between the Veteran's low back degenerative joint disease and his left leg neuropathy, specifically whether it is proximately due or aggravated by a service-connected knee condition.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's lumbar spine disorder is related to his service. The examiner needs to provide a clear and unmistakable evidence that the condition existed prior to service or was aggravated by service.

The Board has decided to remand the case due to an inadequate VA examination, and a new examination is needed to determine if the Veteran's lumbar spine disability was incurred in service.

The Board has granted service connection for back and left hip disabilities, finding that the conditions are related to in-service injuries. The decision also notes that there is no evidence of a presumptive exposure basis.