Back / lumbar spine decisions — 2021

The Board has granted service connection for a lumbar spine disability and dismissed the claim of service connection for a cervical spine disability.

The Board has remanded several issues related to the Veteran's service connection claims, including TBI, low back disability, knee and shoulder disabilities, nerve damage of upper extremities, urticaria, allergic rhinitis, chronic diarrhea, and left ear hearing loss. The Veteran will need new examinations for these conditions.

The Veteran's initial and increased ratings for lumbar spine disability are denied, with separate ratings granted for right lower extremity radiculopathies.

The Board has remanded the case due to deficiencies in the record, specifically regarding a May 2007 VA spine examination used to rate the Veteran's low back disability prior to April 7, 2008. The Court directed the Board to obtain a retrospective medical opinion with regard to the question of functional loss during the Veteran's reported flare-ups.

The Veteran's right ankle strain with achilles tendonitis of the right heel, chronic lumbar strain and degenerative disc disease, lipoma of the lower back, chondromalacia of the right knee, chondromalacia of the left knee, and corneal scar and endothelial pigmentation of the right eye have been granted effective January 1, 1996. The Veteran's claim for lateral collateral ligament strain of the left ankle was dismissed as moot. The Veteran's claim for achilles tendonitis of the left heel associated with left ankle disability is denied.

The Veteran's claim of service connection for a lumbar spine disability is being remanded due to the need for additional examinations and medical opinions.,New VA examinations are required to assess the severity of his service-connected bilateral tendinitis of the hamstrings and bilateral bicipital tendonitis.

The Board has determined that the Veteran's back disability had its onset during service and is granting service connection for this condition.

The Board has remanded the service connection claims for low back and neck disabilities, as well as secondary service connection for bilateral leg and hand disabilities. The remand is due to deficiencies in the June 2014 VA medical opinion that did not adequately address the Veteran's lay statements of continuous symptoms since service.

The Veteran's back disability, characterized as lumbosacral strain, degenerative disc disease, degenerative arthritis, and IVDS, was rated at 40 percent from February 11, 2013 to January 11, 2015. The Board found that the evidence did not show ankylosis or incapacitating episodes requiring bed rest prescribed by a physician during this period.

The Board has remanded the cases due to failure to discuss material evidence and apply it to the appellant's claim, as well as for additional proceedings.

The Board has denied service connection for a bilateral hand disability, low back disability, chronic sinusitis and obstructive sleep apnea. The claims of service connection for the low back disability, chronic sinusitis and obstructive sleep apnea are remanded due to insufficient evidence.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as her service-connected disabilities do not meet the schedular criteria and the preponderance of the evidence is against a finding that they are severe enough to prevent her from securing and following a substantially gainful occupation.

The Board has remanded the case due to issues with the VA examinations and other claims. The Veteran's service connection for left hip disability is no longer before the Board as it was granted in a previous decision. The increased rating claims for right thumb and lumbar spine disabilities are also being remanded.

The Board has determined that the Veteran's lumbar spine disability, total hip replacement, left thigh pain, and left leg weakness are not service-connected as they were not incurred or aggravated during his National Guard service. The hypertension was also not shown to be related to service.

The Board has remanded the claims for service connection due to a lack of records documenting the motor vehicle accident and further development is needed.

The Board has remanded the Veteran's claims for lumbar spine disability and headache disability due to insufficient rationale in the previous VA examination opinions. The Veteran is required to provide additional evidence or undergo a new examination if needed.

The Veteran's claims for increased ratings for lumbosacral strain, right knee RPS, and left knee RPS are remanded due to inadequate VA examinations conducted in November 2020. Additional VA examinations are required that comply with Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent prior to July 11, 2019 and at 40 percent thereafter. The radiculopathy of the right lower extremity is rated at 20 percent from February 12, 2019 onwards.

The Board has remanded the Veteran's claims for further development due to insufficient evidence.,Service connection is denied for thoracolumbar spine disability, disability manifest by joint pain (shoulders and knees), and respiratory disability (lung problems) including pulmonary coccidioidomycosis.

The Board has remanded the claims for service connection and increased ratings due to insufficient evidence in some areas, particularly regarding the Veteran's hearing loss and right knee conditions.