Back / lumbar spine decisions — 2021

The Board has remanded the cases for further development and consideration. The Veteran's claims for service connection are now pending.

The Board has granted service connection for a low back disability, bilateral hearing loss, and tinnitus. The Veteran's low back disability is diagnosed as degenerative arthritis, which the Board finds to have started during his period of active duty.

The Veteran's SMC based on the need for regular aid and attendance is granted, as he requires assistance with dressing and preparing meals due to his service-connected disabilities.

The Veteran's claims for service connection have been reopened, but the Board has determined that there is not enough evidence to grant these claims at this time.,The Veteran's right ear hearing loss and lumbar spine disorder are related to his military service. However, the claim for posttraumatic stress disorder remains pending as the in-service sexual trauma has not been confirmed.

The Board has remanded the case due to incomplete development of records and the need for an addendum medical opinion regarding service connection for a lower back disorder.

The Veteran's left knee instability and low back disorder were granted increased ratings, while the right knee limitation of motion issue was remanded for further examination.

The Veteran was found unable to maintain substantial gainful employment due to service-connected disabilities from May 1, 2009 to May 1, 2010 and from July 22, 2010 to present.

The Board has remanded the claims for service connection for degenerative arthritis of the lumbar spine and a sinus disability due to new evidence received after the last decision.

The Veteran's claims for hepatitis B, tinnitus, and shoulder disability were dismissed. The claim for jaw condition was denied due to lack of new and material evidence. Bilateral hearing loss was not found as the Veteran did not meet the criteria for a current disability under VA regulations.

The Veteran's TDIU claim from August 2, 2018 is granted. The Board finds additional development needed for the PTSD and back disability claims due to potential impact on the TDIU claim.

The Board has decided to remand the case due to missing service treatment records and unobtained VA outpatient treatment records. The Veteran's claim for service connection for a lumbosacral spine disability will be reconsidered.

The Veteran's cervical spine disability is now rated at 30 percent from October 5, 2017. His lumbar spine and right upper extremity peripheral neuropathy disabilities continue to be rated as before.

The Board has remanded the claims for service connection due to insufficient opinions regarding whether the Veteran's disabilities are related to his military service, specifically in-service injuries or illnesses. The VA examinations need to address these issues and provide a rationale for their conclusions.

The Board has denied service connection for a respiratory disorder, left toe disability, and right toe disability due to lack of evidence showing the conditions were incurred or aggravated during service.,Service connection was also denied for skin disorders and back disorders. The Veteran's skin condition is currently under consideration as it may be related to post-service treatment, while his back and knee disabilities are being reviewed based on in-service reports.

The Veteran's disability ratings for low back and left lower extremity radiculopathy have been restored to 40 percent effective June 1, 2016. The claim for a compensable rating for the low back scar is remanded.

The Veteran's claim of service connection for sleep apnea as secondary to his service-connected disabilities is remanded due to the need for a VA examination to assess the nature and etiology of the disability, including whether it was caused or aggravated by any other service-connected conditions.

The Board has decided to remand the case due to the need for a VA examination and additional medical records. The Veteran's low back disability is being reviewed, but it is not clear if it is related to service.

The Veteran's appeal is remanded due to the need for new VA examinations to assess the current severity of his service-connected disabilities, including bilateral plantar fasciitis with calcaneal spurs, lumbar spine degenerative disc disease, diverticulitis, left ankle achilles tendonitis, and bilateral feet tinea pedis.

The Veteran's lumbar contusion is granted an initial 20% rating, but the issue of service connection for heat stroke residuals and headaches remains pending due to remand.

The Veteran's cervical spine disability is not manifested by forward flexion to 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months. Therefore, he does not meet the criteria for a rating in excess of 20 percent.