Back / lumbar spine decisions — 2021

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, and therefore a TDIU is denied.

The Board denied the Veteran's claim for service connection for a back condition, finding that there was no evidence to support a link between his current disability and service or any other relevant factor.

The Board denied service connection for a bilateral hip disability and lumbosacral spine disability, finding that the Veteran does not have current disabilities related to active service or any incident of service.

The Board has granted service connection for the Veteran's lower back disability and associated radiculopathy of the bilateral lower extremities, finding that the evidence is at least in equipoise as to whether these conditions arose during active service.

The Board denied service connection for cervical spine disability, hypertension, and folliculitis. The cervical spine disability was not incurred in or related to service. Hypertension is not shown to be caused by service-connected conditions.,Folliculitis was not shown to have been present during service.

The Veteran's TDIU claim is denied as he does not meet the criteria for a schedular or extra-schedular TDIU rating due to his service-connected disabilities alone.

The Board has remanded the Veteran's claims for further development due to incomplete service treatment records and personnel records. The Veteran is seeking service connection for various conditions, including high cholesterol, back problems, gout of the ankles, sinusitis, acid reflux, carpal tunnel syndrome of the wrists, and hypertension.

The Board has remanded the Veteran's claims for service connection and secondary service connection due to incomplete records, particularly those from his Reserve service. The claims will be returned for further development including obtaining missing Reserve service records and a VA examination.

The Board has granted service connection for the Veteran's lower back and right hip conditions, finding that these conditions are secondary to his service-connected left knee disabilities.

The Board has remanded the cases of service connection for status post hysterectomy, low back disability, and migraine headaches due to insufficient medical opinions.

The Board denied service connection for a cervical spine condition, thoracolumbar spine condition, and bilateral shoulder condition due to lack of evidence showing the conditions were incurred or aggravated by military service.

The Veteran's increased rating for thoracic strain with lumbar spondylosis is granted, as his disability picture more nearly approximates the criteria for a 40 percent rating.

The Board has remanded the Veteran's claims for sleep apnea, anxiety and panic disorder, and a back disability due to service-connected right foot disability. The VA is required to obtain records from the Oakland Naval Hospital and the Temple VAMC, as well as a medical opinion regarding the etiology of these conditions.

The Board denied service connection for a right shoulder disability and a low back disability, finding insufficient evidence to link these conditions to the Veteran's active military service.

The Board has granted clothing allowances for the use of right and left knee braces, as well as a back brace in 2014. The Veteran's use of these braces caused damage to his clothing due to their design. However, the claim for a wrist brace was denied because it was not related to a service-connected disability, and the TENS unit and topical medication claims were denied based on lack of evidence showing they caused damage to clothing.

The Board has granted SMC based on the need for regular aid and attendance due to service-connected disabilities, but denied service connection for a cervical spine disability.

The Board has remanded the claims for a lumbar spine disability and an eye disability due to lack of contemporaneous records. The scar on head status post injury with laceration claim is denied as there is no evidence meeting the criteria for a compensable rating prior to May 10, 2019, or greater than 10 percent thereafter.

The Board denied the Veteran's claim for VA non-service-connected disability pension benefits as his income and net worth were not provided in a timely manner, and he was found to be permanently and totally disabled due to service-connected disabilities.

The Board has remanded the case for additional development, including a retrospective medical opinion addressing the Veteran's reported flare-ups and their impact on his lumbar strain disability.

The Board has remanded the claim for an additional examination and etiology opinion to determine if any low back disability is related to service, including as a result of intervening post-service work injuries.