Back / lumbar spine decisions — 2021

The Board dismissed the appeals as to service connection for a low back disorder, hypertension, and a respiratory disorder due to the Veteran's death.

The Board has granted service connection for obstructive sleep apnea, but denied the claims for left knee disability, right foot ingrown toenails, and low back disability. The issues of service connection for right knee disability and left and right foot numbness are remanded.

The Board has remanded the cases for further development and to provide adequate medical opinions regarding the etiology of the Veteran's back disability and right leg disability, including whether they are related to service or secondary to his service-connected pes planus.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining a substantially gainful occupation prior to January 28, 2014.

The Board has remanded the Veteran's claim of service connection for fibromyalgia due to inconsistencies in medical opinions and incomplete records. The Veteran contends her symptoms began shortly after arriving at Midway Island, but a November 2020 examiner found no current diagnosis of fibromyalgia.

The Board denied a rating in excess of 10 percent for the Veteran's lumbar spine disability, finding that her symptoms did not warrant such a higher rating based on the degree of forward flexion and other factors. The current 10 percent rating is maintained.

The Veteran's claim for a separate compensable rating for nerve impairment and entitlement to TDIU was denied as there is no current diagnosis of these conditions, and the Veteran is not unemployable due to his service-connected disability.

The Board has determined that there was no substantial compliance with the December 2018 Board remand instructions and thus, the issues on appeal must be remanded for further development.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for lumbar spine disability and TDIU due to outstanding evidence and need for further examination.

The Veteran's sleep apnea is remanded for a VA examination to determine if it is at least as likely as not caused or aggravated by his service-connected disabilities. His eligibility for SMC based on the need for regular aid and attendance of another person is also remanded.

The Board has remanded the Veteran's claims for additional development to comply with prior instructions and obtain relevant records from the Social Security Administration.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and requests for authorization forms.

The Board has remanded the case for additional development, including obtaining an addendum VA medical opinion to determine if the Veteran's obesity caused or aggravated his service-connected pes planus and whether this was a substantial factor in causing his lumbar degenerative disc disease.

The Board has decided to remand the case due to insufficient medical opinions and additional evidence, including SSA records.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA orthopedic spine specialist/surgeon to assess the Veteran's lumbar degenerative disc disease. The TDIU issue is also inextricably intertwined with these issues and must be remanded as well.

The Board has remanded the Veteran's claims of service connection for an acquired psychiatric disorder and a lumbar spine disorder due to insufficient evidence. The Veteran is required to provide updated VA treatment records, including mental health treatment records. He must also be provided with adequate VA examinations to determine the nature and etiology of his claimed conditions.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's low back disability prior to October 1, 2010.

The Board has determined that the Veteran's claim for service connection for a bilateral foot disability and any current low back disability requires additional development, including obtaining an examination to determine the etiology of these conditions. The case will be remanded for this purpose.