Back / lumbar spine decisions — 2021

The Veteran's service connection claim for headaches is denied as there is no evidence of a headache condition during or related to military service.,Service connection for the lumbar spine disability was granted, but the Veteran's appeal for an increased rating beyond 40 percent from April 12, 2012, is denied. The Board found that the Veteran does not have functional impairment equivalent to ankylosis of the lumbar spine.,The Veteran's claim for TDIU was denied as he is not unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded the Veteran's claims for increased ratings and service connection due to outstanding VA treatment records, including sleep study results, being unavailable. The claims are also intertwined with a TDIU claim.

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine. The criteria for SMC based on need for regular aid and attendance were also denied due to lack of evidence showing significant disabilities requiring such assistance.

The Board has remanded the Veteran's claims for pes cavus, left and right ankle disabilities, bilateral shin splints, lumbar spine disability, left lower extremity neuropathy, right lower extremity neuropathy, and right leg radiculopathy due to inextricable interdependence with the claim of service connection for pes cavus.

The Board has determined that a VA examination is needed to assess whether the Veteran's cervical spine disability has caused and/or aggravated his radiculopathy of the bilateral upper extremities. Service connection for these conditions will be granted if found to be warranted.

The Board has determined that there was not substantial compliance with the November 2019 remand directives and thus, another remand is necessary to identify all low back disabilities present during the appeal period and obtain medical opinions regarding their etiology.

The Board denied service connection for the Veteran's thoracolumbar spine disability, finding that it did not manifest during or within one year of separation from service and is unrelated to service.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, polysubstance use disorder, neck and back disabilities, tinnitus, and bilateral hearing loss. The decision found that there was no evidence of a nexus between these conditions and service.

The Board has granted service connection for the Veteran's neck, low back, and left shoulder conditions. The right ankle condition is denied as not related to service.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's low back disorder. The AOJ should obtain an addendum opinion from a VA examiner.

The Board has determined that the Veteran's claim for a higher rating for his lumbosacral strain and spondylolisthesis with degenerative arthritis of the spine requires further development due to inadequate examination, lack of consideration of lay evidence, and need for additional medical records.

The Board has remanded the claims for right ankle, left knee, and right knee disabilities as well as back disability due to secondary service connection. The Veteran needs a new examination with an examiner other than those who previously examined him.

The Veteran's appeal is remanded for further examination and opinion regarding his lumbar spine disability. The decision on the hearing loss claim remains denied.

The Board denied service connection for a low back disability, finding that the Veteran's current lumbar spine condition was not caused or related to her active duty service.

The Board has granted service connection for a depressive disorder, finding that it is related to the Veteran's service-connected back and knee disabilities.

The Veteran's claim for a TDIU prior to October 23, 2018 was denied as his service-connected disabilities did not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the Veteran's claims for COPD, low back disability, left knee disability, and right knee disability due to incomplete service records and need for further development regarding his exposure at Camp Lejeune.

The Board denied the petition to reopen the claim of service connection for a back disability, finding that new and material evidence had not been received.

The Board has remanded the claims for service connection due to inadequate VA opinions and further development is required.

The Board has remanded the cases due to new evidence being added to the record and the need for a VA examiner's opinion regarding the Veteran's lumbar spine, bilateral foot, and right shoulder disabilities.