Back / lumbar spine decisions — 2021

The Board has dismissed all issues on appeal as the Veteran has withdrawn her appeals.

Service connection for bilateral hearing loss and arthritis of the lumbar spine has been granted.,The Veteran's current back disorder is presumed to have started during service.

The Board has remanded the case due to inadequate rationale in a previous VA examination, and further development is required before deciding the issue on appeal.

The Board has found that further development is required due to insufficient medical opinions and the need for additional evidence regarding the Veteran's claimed disabilities. The case is being remanded for a new VA examination.

The Board has remanded the case due to lack of substantial compliance with previous remand directives and the need for additional development, including obtaining medical records from a March 1995 in-service motor vehicle accident and seeking an opinion on the etiology of the Veteran's low back disability.

The Board has remanded the Veteran's claims for service connection and increased rating for his low back condition and right foot hallux valgus bunionectomy of the big toe with pin fixation due to the need for further development, including additional VA examinations.

The Veteran's claims of service connection for right knee and back disabilities are granted. The Board finds that the new evidence received is sufficient to reopen his previously denied claims, and service connection is established for both conditions.

The Board dismissed the appeal due to a withdrawal by the appellant's authorized representative.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, and the Board finds that he is not entitled to a TDIU.

The Board denied a separate rating for urinary incontinence associated with the Veteran's service-connected degenerative disc disease with IVDS and laminectomy, finding that there is no evidence of such condition.

The Veteran's TDIU claim is remanded due to the need for an updated VA examination of his back disability and the need to obtain his Vocational Rehabilitation and Employment Services records.

The Board has granted the Veteran's requests to reopen his claims for service connection for sleep apnea and back problems. The remaining issues have been remanded due to lack of complete STRs, need for updated VA treatment records, and need for additional medical examinations.

The Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and for increased ratings for right knee PFS with calcific tendinitis, left knee collateral ligament laxity, and lumbar IVDS were denied. The Board found that the evidence did not establish participation in combat or corroboration of noncombat stressors.

The Board has determined that the Veteran's PTSD disability was at least as likely as not (50 percent probability or greater) initially manifested during service and is otherwise related to his service, including documented low back pain and a reported Humvee accident. The effective date for the assignment of a 70 percent rating for PTSD is granted from July 21, 2016. The claims for neck disability, right knee disability, and low back pain are remanded for further development.

The Veteran's lumbar spine disability is rated at 40 percent, and his sciatic nerve radiculopathy of the left lower extremity was granted a temporary 10 percent rating from September 9, 2010 to May 31, 2017. From May 31, 2017 onwards, all other sciatic nerve radiculopathies and femoral nerve radiculopathies are denied.

The Veteran's appeal for a rating increase for his lower back disability in excess of 40 percent was denied. The Board found that the criteria for an extraschedular referral have not been met, as the evidence did not show unfavorable ankylosis or incapacitating episodes requiring bed rest prescribed by a physician.

The Board has decided to remand the Veteran's claims for a spine disability and right lower extremity radiculopathy, as well as his TDIU claim due to an incomplete medical examination. The issues will be reconsidered after further development.

The Board has remanded several issues related to service connection for various disabilities, including right knee, back, right shoulder, and left shoulder disabilities. The main reasons are the need for additional development of records from Patterson Army Community Hospital and VA treatment records, as well as a need for a VA examination.

The Board has remanded the cases for additional development due to outstanding private treatment records.

The Board has dismissed the claims for service connection for ischemic heart disease, increased ratings for bilateral hearing loss and PTSD, to reopen a previously denied claim of entitlement to service connection for a low back condition, as well as the claims for radiculopathy of the right lower extremity and left lower extremity. The Veteran's death was caused by his neurological condition, which is presumed to have been related to herbicide exposure in Vietnam.,The Board has also granted service connection for the cause of the Veteran's death.