Back / lumbar spine decisions — 2021

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding his claimed conditions, including chronic fatigue syndrome, headaches, intestinal problems, joint pain, right shoulder condition, left shoulder condition, right knee condition, left knee condition, lower back condition, and residuals of a rib injury on the left side.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected degenerative disc disease of the cervical spine.

The Board has remanded the case due to inadequate opinions regarding secondary service connection for a neck disability and because it is inextricably intertwined with the temporary total evaluation claim. The case will be returned for further development.

The Veteran's intervertebral disc syndrome of the lumbar spine is currently rated at 40 percent from October 14, 2020. The rating will be granted subject to the laws and regulations governing the award of monetary benefits.

The Veteran's lumbar spine disability and associated radiculopathy were denied ratings in excess of the current assigned ratings. A TDIU was granted, and SMC at the housebound rate was also granted.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine disability due to inadequate opinions regarding functional loss during flare-ups and lack of recent medical records.

The Veteran's acquired psychiatric disorder, diagnosed as unspecified trauma and stressor-related disorder and major depressive disorder, is granted service connection. The issues of entitlement to service connection for OSA, kidney stones, type 2 diabetes mellitus, a back disability, right knee disability, and left knee disability are remanded.

The Board has found that there is not substantial compliance with the prior remand instructions and has therefore ordered additional development for service connection claims related to bilateral hip disability and low back disability.

The Board has remanded the claims for service connection for right hand finger, left hand finger, right ankle, and left ankle disorders as well as a lumbar spine disorder due to additional development being required.

The Board has remanded the case for a retrospective medical opinion on the Veteran's lumbar spine disability prior to April 13, 2016, and for consideration of entitlement to SMC.

The Board has remanded the claims for service connection for right knee and low back disabilities, as secondary to a service-connected left leg amputation below the knee. The remand requires obtaining additional medical opinions to address whether these conditions are aggravated by the service-connected condition.

The Board has decided that the Veteran's claim for TDIU prior to April 24, 2017 needs more information and is sending it back for further review. The decision also mentions a need to obtain a transcript of an SSA hearing held in August 2010.

The Board has remanded the claims for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine, extension of temporary total evaluation past November 1, 2012 based on convalescence after lumbar fusion surgery, and left lower extremity radiculopathy. The claim for TDIU prior to September 13, 2018 is also remanded.

The Board has remanded the Veteran's claims for service connection for a left hip disorder and a low back disorder due to in-service injury. The case will be returned to the Board after further examination and opinion.

The Board has decided to remand the claims for increased ratings for low back disability and chronic sinusitis due to insufficient medical evidence in the record.

The Board has remanded the case due to the need for additional development regarding the Veteran's claim for special monthly compensation based on the need of aid and attendance. The Veteran needs assistance with various daily activities, including bathing and meal preparation, due to her service-connected lumbar spine disability and other conditions.

The Board has remanded the Veteran's claims for a retrospective medical opinion to determine the current severity of his service-connected lumbosacral strain during the appeal period.

The Veteran's claim for a higher disability rating for his lumbar spine disability with IVDS is denied as the evidence does not show ankylosis or incapacitating episodes of IVDS lasting at least four weeks. The claim for TDIU due to combined service-connected disabilities is also denied as there was no indication that the Veteran could not secure and maintain gainful employment due to his service-connected conditions.

The Board has determined that the Veteran's claims for service connection and initial ratings for various disabilities require additional development due to incomplete medical records and need for further examination.

The Board has granted service connection for bilateral hip disorders and a low back disorder on a secondary basis to the extent that they are related to service-connected disabilities.