Back / lumbar spine decisions — 2021

The Veteran's sleep apnea is caused by his service-connected sinusitis.,There is no evidence of a current seizure disorder during the appeal period, and therefore service connection for a seizure disorder is denied.,Pneumonia is remanded as there are no records documenting treatment during the appeal period. The Veteran should provide authorized records from any physician or facility where he received treatment.,Tremor disability is remanded as the Veteran's lay statements concerning hand tremors in service need to be addressed by a VA examiner.,Back and neck disabilities are remanded as the Veteran's lay statements about back pain during service need to be considered. The Veteran should provide authorized records from any physician or facility where he received treatment for his radiculopathy.,Bilateral lower extremity and upper extremity radiculopathies are remanded in conjunction with the Veteran's neck and back disabilities, as they are inextricably intertwined.

The Board has denied the Veteran's claims for service connection for a low back disorder and a right leg disorder, finding that there is no evidence of an in-service injury or disease related to these conditions. The Board also found that the Veteran's current hearing loss disability does not warrant an increased rating.

The Veteran's lumbar spondylosis, radiculopathy of the right and left lower extremities, and right wrist strain have been remanded for further examination.,Service connection for vertigo with bilateral hearing loss is also remanded as the Veteran has provided new evidence since his last VA examination.

The Board has remanded the Veteran's claims for service connection for a right thumb disability, broken right wrist and residuals, low back condition, and hemorrhoids due to incomplete medical records. The Veteran is not entitled to service connection for bilateral hearing loss.

The Board dismissed the appeal for service connection of a back disability due to the full benefit sought being granted in a previous rating decision. The TDIU claim was granted as the Veteran's combined disability rating is at least 70% and he is unable to work due to his service-connected disabilities.

The Board has determined that further clarification is required prior to a decision on the merits of the Veteran's claims due to internal inconsistencies in previous opinions and the need for additional evidence.

The Board has remanded the cases due to the need for an addendum opinion addressing whether the Veteran's cervical spine and lumbar spine disabilities are secondary to his service-connected bilateral ankle or foot disabilities.

The Board has remanded the Veteran's claims for service connection due to incomplete development of his military records and exposure history. The claims will be further developed to determine if he served in Vietnam or Laos, participated in covert operations, and was exposed to Agent Orange.

The Board has decided to remand the Veteran's claims for service connection for a low back disorder and sinus disorder due to incomplete records. The Veteran needs to provide STRs, VA medical records from 1990-2012, and any other relevant records.

The Veteran's claim for a higher rating for her service-connected back disability was denied. A 40 percent rating, but not in excess thereof, was granted for the period from August 15, 2018 to July 7, 2019.

The Veteran's claim for a higher rating for recurrent lumbosacral strain is denied as the disability is not service-connected and does not warrant an increase in rating.

The Board has remanded the case due to inadequate examination and outstanding private treatment records. The Veteran needs a new VA examination and assistance in obtaining his medical records.

The Board has remanded the case due to incomplete information regarding a low back surgery on April 12, 2016. The Veteran needs to provide the necessary medical provider's information.

The Board has remanded the Veteran's claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to inadequate examination opinions and incomplete record development.

The Board has remanded the case for further development to determine if the Veteran's low back condition is related to service, including whether it was aggravated by a congenital defect or disease.

The Veteran's multilevel degenerative disc disease, femoral nerve radiculopathy of the left and right lower extremities, and sciatic nerve radiculopathy of the right lower extremity are all rated at 40 percent for the period from June 10, 2007 to February 28, 2017. The Veteran's right knee degenerative changes status post arthroscopy with chondroplasty and synovectomy is rated at 20 percent, while his left knee degenerative changes are rated at 10 percent.

The Board has remanded the claims for service connection due to incomplete records and a need for clarification of the March 2019 VA examination report.

The Veteran's service-connected disabilities, including sleep apnea and degenerative disc disease of the lumbar spine, are found to be of such severity that they preclude his ability to maintain substantially gainful employment. The TDIU rating is granted. However, the issue of a higher rating for the back disability remains pending.

The Board has remanded the Veteran's claims for service connection for a back condition and an initial compensable rating for bilateral inguinal hernias due to new evidence submitted after the September 2020 supplemental statement of the case.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that there is at least equipoise evidence supporting a link between the Veteran's in-service injury and his current condition.