Back / lumbar spine decisions — 2021

The Board has remanded the case due to incomplete information regarding employment status for a period of time, and TDIU on an extraschedular basis is required.

The Board has remanded the Veteran's claims for low back disorder, neck disorder, heart disorder, and bladder cancer due to outstanding medical records and the need for additional opinions.

The Board has denied the Veteran's claim for service connection for lumbosacral strain, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's claims for increased ratings for right ankle strain and lumbar arthritis, as well as his TDIU claim, are being remanded due to the need for additional development of medical records.

The appeal for service connection for chest pain has been dismissed as the claim was granted in a March 2021 rating decision. The issues of increased rating for MDD and TDIU are still pending.

The Board has granted service connection for a cervical spine disability, including compacted spine and degenerative disc disease (DDD), finding that the Veteran's current diagnosis of arthritis of the cervical spine is related to an in-service injury. The decision also considers lay evidence and evaluates continuity of symptoms.

The Board has denied direct service connection for the Veteran's neck disability, but has remanded the secondary service connection claim.

The Veteran's back disability is not service-connected as it was not shown in service or within the applicable presumptive period, and there is no credible evidence of continuity of symptomatology. The Board finds that the preponderance of the evidence does not support a finding that his current back condition is related to an in-service injury or disease.,The Veteran's fatigue symptoms are attributed to other service-connected disabilities (fibromyalgia) and non-service-connected conditions (sleep apnea, PTSD, insomnia). The Board finds that there is no objective indication of a qualifying chronic disability manifested by fatigue due to an undiagnosed illness or MUCMI.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of chronic in-service arthritis or any other condition related to service. The Board also found that the current low back disability is not otherwise etiologically related to an in-service injury or disease.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's low back disability and his service, including his in-service surgical excisions. The VA is instructed to obtain updated treatment records, complete a new examination, and provide an etiological opinion.

The Veteran's appeals for carpal tunnel syndrome, right upper extremity; carpal tunnel syndrome, left upper extremity; and dental disorder have been dismissed as the Veteran withdrew his appeal.,The Veteran's appeals for gastroesophageal disorder (including Barrett's disease and acid reflux); back disorder; bilateral foot disorder (Morton's neuroma, metatarsalgia, and hallux rigidus); and right shoulder disorder are remanded.

The Board has remanded the case due to failure to comply with a previous remand and for additional development, including an examination of the Veteran's low back disability.

The Veteran's lumbar spine disability is rated at 40 percent, effective October 1, 2015. The rating for radiculopathy of the left and right lower extremities remains at 20 percent.

The Board denied a rating higher than 20 percent for the Veteran's lumbar spine disability, finding that the evidence did not show forward flexion of the thoracolumbar spine of 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.

The Board has remanded the claims for increased evaluations for right upper extremity radiculopathy, left upper extremity radiculopathy, and cervical spine disability. A new VA examination is required to assess current severity of these conditions.

The Board denied the Veteran's claims for service connection for left knee and low back disorders, finding that there was no evidence of chronic symptoms within one year post-service or during active duty. The Board also found that the Veteran did not provide credible testimony regarding his in-service injuries.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's back disability, and further development is needed.

The Board has granted an initial rating of 40 percent for the Veteran's back disability, finding that after resolving reasonable doubt in his favor, he exhibits forward flexion to 30 degrees during a flare-up. The claim is therefore granted.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and hypertension, finding that there was no medical evidence linking these conditions to his military service.

The Veteran's service-connected disabilities, including his thoracolumbar spine disability and bilateral lower extremity radiculopathies, have rendered him unemployable since October 15, 2019. A TDIU rating is granted from that date.