Back / lumbar spine decisions — 2021

The Board has remanded the claims for service connection for back, right knee, and left knee disabilities due to a duty-to-assist error in the August 2019 decision. The Veteran's representative argued that VA should have clarified how the January 2018 VA examiner reached their opinion regarding the onset of these conditions.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that new and relevant evidence supports this determination. The decision also resolves reasonable doubt in favor of the Veteran.

The Board denied the Veteran's appeal as his substantive appeal was not timely filed, and thus he did not have a valid appeal to review.

The Veteran's diagnosed intervertebral disc degeneration, spondylosis, and degenerative arthritis of the lumbar spine is related to his military service. Service connection for this condition is granted.

The Board has granted service connection for sleep apnea but denied service connection for a lumbar spine disability, including degenerative disc disease and low back pain.

The Veteran's claim for an effective date prior to January 17, 2020, for service connection of lumbar degenerative disc disease is denied. The effective date remains at January 17, 2020.

The Board dismissed the Veteran's claims for earlier effective dates and higher ratings for his service-connected disabilities, including bilateral lower extremity radiculopathy and a lumbar spine disability. The appeal was remanded to obtain updated VA examinations.

The Board has remanded the case due to inadequate VA examinations and a need for further development, including an examination to assess the current severity of the Veteran's lumbar spine disability and a retrospective opinion regarding its severity during flare-ups or with repeated use over time.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's low back disorder. The case will be reviewed again after obtaining an addendum opinion.

The Veteran's back disability, diagnosed as arthritis, had its onset during service and has been continuous since separation. The Board granted service connection for the back disability based on direct evidence.

The Veteran's right wrist and cervical spine disabilities have been remanded for further development as the Board found that additional evidence is needed to determine if higher ratings are warranted.

The Board has reopened the claims for TBI residuals, acquired psychiatric disorder, cervical spine condition, lumbar spine condition with bilateral lower extremity numbness, right ankle condition, right heel condition, skin condition, and respiratory condition due to new and material evidence. These issues are remanded for further development.,The Board has also reopened the claims for these conditions but has not assigned a rating or effective date as the appeal is still in process.

The Veteran's cervical and thoracolumbar spine disabilities have been granted a 20% rating since February 9, 2018. The left knee disability has also been granted a 20% rating since February 9, 2018.

The Board dismissed the appeals for rating and effective date issues related to PTSD and DJD, L5 with thoracolumbar scoliosis as well as service connection for these conditions.

The Veteran's back disability is rated at 20 percent, and his radiculopathies of the LLE and RLE are each rated at 10 percent. The appeal for higher ratings remains denied.

The Veteran's claims for service connection for sleep apnea, lung nodule, bilateral hearing loss, left arm tremor as a residual of left hand burn, right eye nerve damage, and back disorder (spinal cord degeneration) have been remanded due to insufficient evidence. The Board found that the current medical evidence is in equipoise on whether these conditions are related to service.

The Board has reopened the Veteran's claim for service connection for lumbosacral spine pain with degenerative disc disease and remanded other issues. Additional development is required to address all claims.

The Veteran's cervical spine degenerative arthritis and degenerative disc disease, as well as bilateral foot plantar fasciitis, are not service-connected.,The remaining issues of service connection for a thoracolumbar spine disorder, vertigo, and left upper extremity dysesthesia remain pending.

The Board has found that another remand is necessary due to the inadequacy of a previous VA medical opinion and the need for consideration of the Veteran's lay statements. The low back and right ankle disabilities are being remanded for further development.

The Board has denied the Veteran's claims for service connection for a low back disability and for a headache disorder as aggravated by service-connected tinnitus.