Back / lumbar spine decisions — 2021

The Board has remanded the issues of service connection for right shoulder disability and cervical and lumbosacral spine disabilities due to lack of compliance with previous remand directives. The Veteran's current back disabilities are being requested to be addressed in a new VA examination.

The Board has remanded the claims for further development due to incomplete records and inadequate opinions regarding the etiology of the Veteran's conditions.

The Veteran's initial ratings for migraine headaches and acquired psychiatric disability (depression) are denied, while a separate rating of 10 percent is granted for left lower extremity radiculopathy. The effective dates for service connection are also denied.

The Board dismissed the Veteran's claims for service connection of right shoulder disability and denied his claim for service connection of lumbar spine disability due to lack of evidence linking these conditions to service.

The Board denied the Veteran's claims for service connection for back disability and right elbow disability, finding that there was no evidence to support a nexus between these disabilities and his military service.

The Board has granted service connection for right and left hip disorders that are secondary to the Veteran's service-connected lumbosacral strain and bilateral knee disabilities. The issues of increased ratings for the Veteran's bilateral knee disabilities have been remanded.

The Board has reopened the claims of service connection for arthritis of the neck, bilateral hands, and lumbar spine due to new evidence submitted by the Veteran. The claims are now remanded for further evaluation.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher.,The Veteran's left and right lower extremity radiculopathy are each rated at 40 percent, but no higher.

The Board has granted service connection for an acquired psychiatric disability, diagnosed as schizoaffective disorder. The issues of service connection for a back disability and a left wrist disability are remanded.

The Board has decided to remand the Veteran's claims for left knee, low back, and left shoulder disabilities due to insufficient medical opinions and examinations.

The Veteran's left lower extremity radiculopathy, associated with lumbar degenerative disc disease and fibromyositis, is rated at 20 percent since April 25, 2014.

The Veteran's appeal for an increased rating for his service-connected low back disability is remanded due to the need for additional development, including obtaining private treatment records.

The Board has remanded the Veteran's claims for service connection for low back disability and skin condition on the back due to inadequate medical opinions. The claims will be reviewed again with new etiology opinions.

The Board has denied service connection for lumbar spine strain and left knee strain, finding that the Veteran's current conditions are not related to his military service.

The Board has granted service connection for a migraine headache disability but has remanded the claim for a low back disability due to insufficient evidence.

The Board has remanded the Veteran's claim for service connection for multilevel degenerative disc disease and degenerative joint disease with radiculopathy due to inadequate response in previous medical opinions. The AOJ must request an independent medical expert opinion regarding the etiology of the Veteran's back condition, including consideration of his service treatment records and lay statements.

The Veteran's anxiety disorder NOS is rated at 50 percent since September 29, 2003. The issue of an initial rating for severe lumbar myositis and the TDIU claim are remanded due to inadequate examination reports.

The Board has dismissed the Veteran's appeals for increased ratings and earlier effective dates for hearing loss and tinnitus, as well as service connection claims for hypothyroidism, GERD, a low back disability, left and right elbow degenerative joint disease, gout (claimed as bilateral foot disability), COPD, kidney, and prostate disabilities. The Board has also dismissed the Veteran's appeals of these issues due to his withdrawal of them.

The Board granted a 20 percent rating for the Veteran's back disability, effective February 17, 2021. The criteria for a higher rating were not met at any time during the appeal period.

The Board has remanded the cases for additional development to obtain missing VA and private treatment records related to the Veteran's hearing loss, low back disability, and left shoulder strain.