Back / lumbar spine decisions — 2021

The Board found that a timely substantive appeal was not received following the issuance of the SOC addressing whether new and material evidence had been received to reopen a previously denied claim of entitlement to service connection for a back disorder. The appeal is therefore denied.

The Board has remanded the Veteran's claims for back disability and headaches due to inadequate medical opinions regarding their etiology. The Veteran's back disabilities are related to her service-connected residuals of frostbite, but not her bilateral foot disability or major depressive disorder. Her headaches are not caused by or aggravated by her service-connected disabilities.

The Board has remanded the claims of service connection for lumbosacral spine, cervical spine, and bilateral shoulder disorders due to insufficient examination findings. The Veteran is required to undergo new VA examinations to determine if his current conditions are related to his active service.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it began during his active duty and is related to his military service.

The Veteran's claims for increased ratings for sinusitis and degenerative arthritis of the lumbar spine prior to January 7, 2014 were denied. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has denied service connection for lower back and left hip disabilities, finding that the evidence does not support a finding of in-service onset or relationship to service. The right knee and left knee issues are remanded for further examination.

The Board has decided to remand the claims for cervical spine disability, lumbar spine disability, and chest pain with breathing problems due to failure of the Veteran to report to scheduled VA examinations. The Veteran's concerns about exposure to COVID-19 and lack of transportation are considered good cause.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because her service-connected disabilities did not render her unable to secure or follow substantially gainful employment.

The Board denied service connection for a low back disability, finding that the evidence did not establish a link between the current condition and service.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's cervical spine disability. The TDIU issue is also being remanded as part and parcel of the increased rating claim.

The Board denied the Veteran's claims for service connection for a cervical spine disability and an initial rating in excess of 10 percent for his low back condition.,The evidence did not support a finding that the Veteran’s current cervical spine or low back disabilities were directly related to service.

The Board has remanded the Veteran's claims for service connection for a back disability and for an increased rating for her right knee injury due to additional development being necessary.

The Veteran's neck and upper back disability is remanded for a VA examination to determine if it is related to service or a service-connected condition.

The Veteran's appeal is being remanded to obtain additional medical records from private providers and VA facilities. The specific conditions at issue are L5-S1 spondylosis and traumatic arthritis of the lumbar spine, which have been rated based on their severity prior to October 27, 2020, and since that date.

The Board has decided to remand the case due to insufficient examination in assessing the severity of the Veteran's service-connected lumbar spine disability. The Veteran will need a new VA examination for this issue.

The Board restored the Veteran's prior disability rating of 40% for his lumbar spine disability, effective January 1, 2015.

The Veteran's claim for service connection for PTSD was denied, and the initial rating of 10% for depressive disorder was also denied. The Veteran's persistent depressive disorder is now rated at 50%, effective May 12, 2017. Service connection for cervical spine, lumbar spine, bilateral lower extremity radiculopathies, left upper and lower extremity radiculopathies, and left ankle conditions were all denied.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine disability, including its onset and relationship to service.

The Board has remanded the claims for hepatitis C, dizziness, a back disability, a right knee disability, chronic fatigue, chronic abdominal pain, joint pain and an acquired psychiatric disorder as secondary to hepatitis C due to inadequate explanation in the May 2018 decision.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence to support a link between his current condition and his active duty service.