Back / lumbar spine decisions — 2021

The Board has remanded several issues related to the Veteran's low back strain, cervical spine strain, and radiculopathy of the upper extremities due to inadequate examination reports. The AOJ is instructed to schedule a new VA examination for the Veteran.

The Board has determined that the Veteran's claimed disabilities, including back disability, right and left hip disabilities, cold injury residuals of the feet, prostate cancer, peripheral vascular disease, and osteoporosis, were not incurred or aggravated during active service. The evidence does not support a finding of direct service connection.

The Veteran withdrew his appeals for increased evaluations for lumbar spine disability and headaches, resulting in the dismissal of these claims.

The Veteran's migraine headaches, cervical spine disability, low back disability, left knee disability, and right ankle disability are all remanded for further evaluation.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability due to lack of current disability and insufficient evidence linking it to active service.

The Board has remanded the case for further development, including obtaining information about the qualifications of the examiner who performed a September 2020 examination and requesting that the Veteran complete a VA Form 21-8940 to assist with adjudicating his TDIU claim.

The Veteran's service-connected lumbar spine disability has been granted a 40 percent rating, but no higher. The condition is currently manifested by unfavorable ankylosis.,Service connection for the genitourinary disorder and laryngeal irritation conditions have not been established.

The Veteran's claim for an increased rating for her service-connected lumbar strain disability is remanded due to the need for a new VA examination.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding that there was no evidence of a nexus between current disability and service.

The Board has denied the Veteran's claims for service connection of his claimed low back, right hip, left hip, right knee, left knee, right shoulder, and left shoulder conditions. The Board found that there was no evidence of in-service injury or aggravation leading to these current disabilities.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's low back disability is related to VA care, specifically multiple spinal surgeries and subsequent treatment.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are not related to his time in service, and therefore denied both claims for service connection.

The Board has granted service connection for a lumbar spine disorder but denied service connection for a chronic disability manifested by weight loss.

The Board has denied a rating in excess of 20 percent for the Veteran's low back disability and has remanded his claim for service connection for loss of balance secondary to tinnitus.

The Board denied the Veteran's claims for service connection for a low back disorder, finding that there was no evidence of a chronic back disorder from service and that it is not related to his service-connected left knee disorder.

The Veteran's acquired psychiatric disorder, unspecified depressive disorder, is not service-connected as it did not manifest during or within one year after service and there is no evidence of continuity of symptoms. The Board finds the Veteran's current diagnosis of unspecified depression with anxious distress less likely related to his military service.,The Veteran's back disability is denied as there is no evidence of chronic in-service back injury, no showing of a compensable degree within one year after separation from service, and no established continuity of symptoms. The Board finds the Veteran's current diagnosis of unspecified depression with anxious distress less likely related to his military service.,The Veteran's respiratory disability (COPD) is not service-connected as there is no evidence of chronic in-service disease or injury, nor any showing of a compensable degree within one year after separation from service. The Board finds the Veteran's current diagnosis of unspecified depression with anxious distress less likely related to his military service.,The Veteran's headaches with vomiting are not service-connected as they did not manifest during or within one year after service and there is no evidence of continuity of symptoms. The Board finds the Veteran's current diagnosis of unspecified depression with anxious distress less likely related to his military service.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment for the periods from January 1, 2011 to December 31, 2013 and from January 1, 2015 to March 6, 2016. The case is being referred to the Director of Compensation & Pension Service for extra-schedular consideration.

The Veteran's right ulnar nerve disorder is service-connected due to pre-existing condition that was aggravated by active duty service.,The Veteran has residuals from excision of a tumor from the right elbow, which are also service-connected.,Service connection for a back disorder is denied as there is no evidence of an in-service injury or event resulting in such a disability.,Service connection for left arm disorders (claimed secondary to a claimed back disorder) and lower extremity radiculopathies (claimed secondary to a claimed back disorder) are also denied.

The Board denied service connection for an enlarged heart.,The Board remanded the issue of service connection for chronic low back pain, to include as due to service-connected S/P excision of pilonidal cyst.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute to his death and were not related to service. The Board also found that he was not entitled to DIC benefits under 38 U.S.C. § 1318.