Back / lumbar spine decisions — 2021

The Board has decided to remand the Veteran's claims for an inguinal hernia and increased rating for lumbar spine disability due to outstanding VA treatment records and inadequate retrospective opinions. The case will be returned for further development.

The Board has remanded the Veteran's claims for bilateral hearing loss and a back disability due to insufficient examination opinions and missing records.

The Board has remanded the Veteran's claims for service connection due to his inability to be contacted and receive VA correspondence. The case will be returned to the RO for further action, including rescheduling VA examinations and sending notices via FedEx or UPS.

The Board has remanded the case for a new VA examination to assess the Veteran's back disability, as the March 2019 VA examination was deemed inadequate. The Veteran will be provided with outstanding records and a new examination.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence linking his current condition to military service.

The Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, including in his past work as a machine operator and receiving dock clerk. The Board grants the TDIU on an extraschedular basis.

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disability, finding that there was no evidence of arthritis or other back condition in service and insufficient continuity of symptomatology to establish a current disability. The Board also found that the motor vehicle accident did not cause the Veteran's current spinal condition.

The Board has granted service connection for obstructive sleep apnea, but denied service connection for low back and right knee disabilities. The claim for PTSD is remanded.

The Veteran's appeal is remanded due to the need for additional VA examinations and opinions regarding his lumbosacral strain with intervertebral disc syndrome (IVDS) back disability. The claim will be reconsidered after these examinations.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's low back disability is related to service. The examiner must provide an opinion on whether it is at least as likely as not that the condition began during service, was noted during service with continuity of symptomatology, or is otherwise related to service.

The Veteran's claim for increased ratings for his service-connected scoliosis and degenerative arthritis of the thoracolumbar spine with IVDS was denied. The Board found that the Veteran did not meet the criteria for a rating in excess of 10 percent for scoliosis prior to October 1, 2019, or a rating in excess of 20 percent for his degenerative arthritis and IVDS from October 1, 2019.,The VA examinations showed limited range of motion for the Veteran's spine. The examiner noted that pain significantly limited function during flare-ups.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment from March 13, 2015 through December 2, 2018. The case is referred for extraschedular TDIU consideration.

The appellant has withdrawn her appeal, and the Board dismissed it due to lack of allegations of errors in the determination.

The Veteran's claim for a rating in excess of 20 percent for intervertebral disc disease of the lumbar spine was denied. The Board found that his lumbar spine did not meet the criteria for a higher rating due to limitations in range of motion and lack of ankylosis.

The Board has found service connection for degenerative arthritis of the lumbosacral spine. The claims for right hip, left hip, and left shoulder conditions are remanded due to lack of recent VA treatment records.

The Veteran received a 20% rating for his low back disability from July 10, 2006. The higher ratings are denied prior to July 1, 2020 and after that date.,A 20% rating is granted for left lower extremity radiculopathy effective from July 1, 2020.

The Veteran's service-connected right and left carpal tunnel syndromes are granted with increased evaluations, while the service-connected degenerative arthritis of the lumbosacral spine is also granted but only effective from October 23, 2018.

A 20 percent rating for service-connected left lower extremity radiculopathy is granted from June 6, 2013 to December 12, 2014.,A rating in excess of 20 percent for service-connected left lower extremity radiculopathy is denied.

The Veteran's lumbar spine condition is rated at 40 percent since March 21, 2014. Ratings in excess of 20 percent for right and left lower extremity radiculopathy are denied.

The Board has remanded the Veteran's claims for additional development due to insufficient medical opinions regarding the etiology of his prostate cancer and other conditions. The issues include service connection for various disabilities, including prostate cancer, hypertrophy of the breast, high blood pressure, residuals from paralysis of the fourth cranial nerve, HIV, heart disability, sleep disorder, arthritis, and bone and cartilage disability.