Back / lumbar spine decisions — 2021

The Board has decided to remand the case due to an inadequate VA examination, and a new one must be conducted.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for osteoarthritis of the lumbar spine prior to August 1, 2017, and on and after that date. The remand is due to the need for new VA examinations as per Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Board has denied service connection for varicose veins of the legs, right hip disorder, left hip disorder, right knee disorder, and back disorder. The case is remanded for further development.

The Board has decided to remand the case due to insufficient information provided by the VA examiners regarding the Veteran's reserve service treatment records and his contentions about when his low back pain began.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining a medical opinion regarding the etiology of his sleep apnea and conducting VA examinations to assess the severity of his service-connected lumbosacral spine and left lower extremity disabilities.

The appeal for service connection for PTSD is dismissed. The appeals for sleep apnea, left knee condition, right knee condition, and right hip condition are remanded.

The Board has determined that there is not a complete record to make decisions on the Veteran's claims for service connection. Additional VA examinations are needed to address the Veteran’s history of back pain, kidney disease, psychiatric disorders, and sleep issues.

The Board has denied service connection for cervical spine degenerative disc disease and degenerative changes with stenosis, finding that the Veteran's current condition is not linked to his active service.

The Board has remanded the case to determine if an earlier effective date for TDIU is warranted due to service-connected disabilities, as the current grant of TDIU was from July 19, 2010. The Veteran's combined rating for service-connected disabilities did not meet the threshold for TDIU in some periods prior to July 19, 2010.

The Board has granted service connection for the Veteran's thoracolumbar strain with focal degenerative disc disease L5-S1, finding that it is related to an in-service motor vehicle accident.

The Board has decided to remand the Veteran's claims for service connection due to missing medical records and requests for additional development.

The Board has remanded the claims for service connection for a back disability, hypertension, and heart disorder due to additional development of the record being necessary.

The Board has remanded the claims of service connection for lower lumbar degenerative disc/joint disease, a lumbar strain, and post-laminectomy syndrome due to in-service back injuries. The appellant's medical records from the University of Michigan Arthritis Clinic need to be obtained.

The Board denied service connection for heart attack, lower back disorder, right hip disorder, right foot disorder, left foot disorder, hypertension, and acquired psychiatric disorder. The appellant did not have a current disability of these conditions at the time of his claim.

The Board has remanded the claims for service connection for various disabilities, including lumbar spine, cervical spine, right hip, sleep disorder, hypertension, traumatic brain injury (TBI), and right lower extremity neuropathy. The AOJ is instructed to obtain medical opinions regarding these issues.

The Veteran withdrew his appeals regarding increased ratings for right knee strain, lumbar strain prior to March 11, 2016, and right hip strain.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding no evidence of an in-service injury or disease and noting that there is no medical literature linking herbicide exposure to back disabilities.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. The claims for effective dates prior to April 25, 2005, and February 12, 2000, for PTSD and SMC at the housebound rate were also denied. An extraschedular evaluation based on combined effects of multiple service-connected disabilities is not available.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, but his case is referred to the Director of Compensation Service for consideration as to whether he is unable to secure and follow a substantially gainful occupation due to these conditions.

The Board has remanded the Veteran's claims for service connection and initial ratings for his right hip and leg disability, cervical spine disability, and right great toe disability due to inadequate VA opinions and lack of sufficient evidence in the record.