Back / lumbar spine decisions — 2021

The Board has remanded the cases for further examination and opinion regarding the Veteran's right ankle, low back, and bilateral hand conditions. The issues of service connection are being addressed.

The Veteran's claim for service connection for a lumbar spine disability is granted, as new and material evidence has been received. The appeal is remanded to obtain additional medical records and an addendum opinion.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.,The Veteran is seeking an increase in his rating for degenerative joint disease of the lumbar spine, which may impact his radiculopathy of the right lower extremity.

The Board denied service connection for a left shoulder condition, pes planus, bilateral hip condition, and back condition due to the lack of evidence showing an in-service injury or aggravation that caused current disabilities.,There is no medical evidence linking any current conditions to military service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the current ratings for tinnitus, bilateral hearing loss, right knee disorder, left knee disorder, low back disorder, respiratory disorder, and acquired psychiatric disorder are all at their maximum allowable levels or do not meet the criteria for a higher rating.

The Veteran's low back disability is granted service connection. The remaining appealed issues are remanded for further development.

The Board has remanded the case due to insufficient information regarding Medicare coverage for the Veteran's medical services at Wesley Chapel. The Veteran is seeking reimbursement for unauthorized non-VA medical services, but the appeal does not involve service connection issues.

The Board has granted service connection for a right shoulder rotator cuff tear and labral tear including SLAP lesion, as well as a lumbar spine condition. The decision is based on the Veteran's credible testimony and medical opinions linking his current conditions to his military service.

The Board has denied an increased rating for the Veteran's lumbar spondylosis with degenerative disc disease and remanded his claims for allergic rhinitis, right leg radiculopathy/claimed as lumbar neuritis, and left leg radiculopathy/claimed as lumbar neuritis. The Veteran is required to provide updated VA examinations and a Statement of the Case concerning these issues.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) and Dependents Educational Assistance (DEA) benefits prior to September 6, 2013 was denied. The Board found that the Veteran did not have any pending appeals or awards of service connection prior to this date.

The Veteran's claims for residuals of right ankle keloid removal, left foot disability, right foot disability, facial tic, pyelonephritis (claimed as chronic kidney infections), and lumbosacral strain status post L1-3 lumbar laminectomy have all been denied.,Service connection has not been established for any of the conditions listed.

The Board has granted service connection for low back arthritis, finding that the Veteran's symptoms of low back pain have been continuous since service separation and meeting the criteria for presumptive service connection under 38 C.F.R. § 3.303(b).

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for service connection for a back disability and a right shoulder disability. The claims are granted in part, but both issues have been remanded due to the need for additional medical opinions.

The Board has remanded the Veteran's claims for service connection for right shoulder, right knee, left knee, and back disorders due to inadequate medical opinions in the April 2019 VA examination.

The Board has decided that the Veteran's sleep apnea is service connected. The left knee, right knee, and low back disorders are remanded for further examination.

The Board has granted service connection for a neck disability, back disability, right shoulder strain, and migraine disability as secondary to the Veteran's now service-connected cervical spine disability.

The Veteran was granted a TDIU for the entire period on appeal due to his service-connected back disability.,The issue of an extraschedular rating in excess of 40 percent for the service-connected back disability is dismissed as moot because the Veteran has been granted a TDIU.

The Veteran's bilateral hearing loss and tinnitus are granted service connection as they were related to in-service noise exposure. Service connection for lumbar spine degenerative arthritis is remanded due to the need for a medical opinion.

The Board has vacated the denial of service connection for tinnitus and remanded the claims for bilateral hearing loss, COPD, skin cancer, a back disability, and a heart disability. The Veteran's testimony at his September 2021 hearing provided evidence in support of these claims.

Your appeal for an initial rating in excess of 20 percent for lumbar spine arthritis has been dismissed as the Veteran withdrew his appeal through his authorized representative.