Back / lumbar spine decisions — 2021

The Board has denied service connection for right shoulder, left shoulder, neck, low back, and left hip conditions as there is no competent evidence linking these disabilities to service.

The Board has granted service connection for bilateral pes planus and denied service connection for left knee disability, right knee disability, lumbar spine disability, and cervical spine disability.

The Board denied the Veteran's claims for service connection for cervical spine disorder, back disorder, and carpal tunnel syndrome as secondary to his service-connected fibromyalgia.

The Veteran's radiculopathy of the left lower extremity is rated at 40 percent, effective from the date of the decision. The rating for lumbosacral strain, degenerative arthritis, and IVDS remains denied.

The Board has remanded the cases for additional development, including obtaining medical records and conducting VA examinations to assess the severity of the Veteran's lumbosacral disc disease and right shoulder traumatic bursitis.

The Veteran's tinnitus is granted as service connected.,The Veteran's osteoporosis of the thoracolumbar spine and cervical spine are both granted as service connected.

The Veteran's claim for an earlier effective date for a 100 percent rating for his gunshot wound/shrapnel to low back, with Hepatitis C and abdominal exploration and sub-total gastrectomy was denied as the increase in disability did not occur within one year prior to the date of receipt of the claim.

The Veteran's lumbar spine disability was granted an increased rating of 40 percent for the period from January 28, 2013 to November 13, 2014. The decision also noted that his depressive disorder was granted a higher initial disability rating of 30 percent.

The Veteran's claims for service connection have been granted for right and left lower extremity peripheral neuropathy, sleep apnea, hypertension, drug/chemical abuse dependency, and a mental health issue. The claim for service connection of the lower back condition is being remanded.

The Veteran's cataracts were denied as the evidence did not show that they began during service or are related to an in-service injury, event, or disease. The chloracne was granted as it became manifest within one year of his separation from service and is presumed due to herbicide exposure.,Asbestosis and COPD were both denied as there was no evidence showing that the conditions began during service or are related to an in-service injury, event, or disease.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions regarding the relationship between his current lumbar spine conditions and in-service diagnoses, as well as whether his radiculopathy had its onset during service. The VA examiner is requested to provide an addendum opinion addressing these issues.

The Veteran's service-connected back disability, along with other disabilities, rendered him unable to secure or follow a substantially gainful occupation from May 17, 2014. He is also entitled to special monthly compensation at the housebound rate for this period.

The Board has granted the Veteran's request to reopen his claim for service connection of a back disability. The claims for LLE and RLE peripheral neuropathy are remanded due to the need for medical opinions regarding causation.

The Board has remanded the Veteran's claims of service connection for various conditions due to insufficient evidence and the need for further examination.

The Board has decided to remand the case due to non-compliance with previous remands and requires additional development, including obtaining updated medical records and a clarifying opinion from an orthopedist regarding the relationship between the Veteran's low back disability and his military service.

The Veteran's right shoulder impingement syndrome is currently rated at 20 percent prior to October 6, 2020 and greater than 30 percent thereafter. The Veteran's right hip strain is currently rated at 10 percent prior to April 6, 2015 and greater than 20 percent thereafter. The Veteran's degenerative arthritis with invertebral disc syndrome of the lumbar spine with spondyloarthropathy is currently rated at 40 percent. The Veteran's cervical spine strain is currently rated at 30 percent.,The Veteran's right carpal tunnel syndrome and TDIU are both remanded for further development.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is remanded due to the need for a retrospective medical opinion in accordance with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has dismissed the claims of service connection for hypertension and a low back disability due to the death of the appellant during the pendency of the appeal.

The Board denied service connection for a low back condition and DVT of the bilateral lower extremities, finding that there was no medical evidence linking these conditions to service.

The Veteran's service-connected disabilities, including his adjustment disorder and physical conditions like sleep apnea, headaches, joint pain, and neuropathy, have rendered him unable to secure or follow a substantially gainful occupation from January 28, 2014 to June 6, 2016.