Back / lumbar spine decisions — 2021

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is related to her active duty service.

The Board is remanding the cases for further development to obtain VA and private treatment records, including those from non-VA emergency rooms. The claims include increases in ratings for lumbosacral spondylosis, left lower extremity nerve disability, and right lower extremity nerve disability, as well as a TDIU rating prior to July 10, 2020.

The Veteran's service-connected disabilities have not rendered him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination.

The Board has denied service connection for a lumbar spine disability and a right leg disability, finding that the Veteran's current conditions are not related to his active military service.

The Board has remanded the Veteran's claims of service connection for obstructive sleep apnea and a back disability due to the Court finding that the existing record does not contain adequate medical opinion evidence to adjudicate these claims under the new theory of entitlement. The VA examiner is required to provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that obstructive sleep apnea and/or a back disability is due to a disease or injury while on active duty, if caused by service-connected conditions.

The Board has remanded the Veteran's claims for service connection for left and right shoulder conditions, back condition, and neck condition as secondary to epilepsy. The VA examinations did not provide adequate detail in their nexus opinions.

The Board denied service connection for a back disability, finding that the Veteran's back disability did not manifest in service and is not attributable to service.

The Board has remanded the case for a clarification of the nature and etiology of the Veteran's cervical spine disability, including whether it is related to service or secondary to his service-connected conditions.

The Board has remanded the Veteran's claims for further action due to insufficient evidence regarding the etiology of his claimed conditions and their relationship to service.

The Board has granted service connection for left upper extremity cervical radiculopathy and carpal tunnel syndrome, right foot achilles tendonitis with spur and plantar fasciitis, left foot achilles tendonitis with spur and hallux rigidus, and degenerative disc disease of the cervical spine, status post cervical fusion and discectomy.,The Board has also granted an initial 10 percent rating for sciatic nerve radiculopathy of the left lower extremity.

The Veteran's service-connected disabilities are preventing him from securing and maintaining substantially gainful employment. The Board finds a remand is required to obtain updated information about his most recent employment and to request an opinion regarding the combined effects of his service-connected conditions on his employability.

The Veteran's claims for increased disability ratings for PTSD, major depressive disorder, and lumbosacral intervertebral disc syndrome are being remanded due to the need for additional medical examinations.

The Veteran's lumbar strain with DJD and IVDS is rated at 40 percent prior to June 25, 2013 and from August 1, 2013 to September 22, 2020.,A rating in excess of 40 percent for the Veteran's lumbar strain with DJD and IVDS is denied as there are no incapacitating episodes meeting the criteria for a higher rating.

The Board has remanded the claims for service connection for a lumbar spine disability, bilateral upper extremity peripheral neuropathy, and deviated nasal septum due to additional development being required.

The Board has remanded the claims due to unsuccessful attempts to contact the Appellant and her attorney. The appeals are not about service connection, so no rating is assigned.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied as his hearing acuity did not meet the criteria for a higher rating.,Service connection for a neck disability, low back disability, and chronic migraines were also denied due to lack of evidence linking these conditions to service.

The Veteran's claim for an increased evaluation of his low back injury with degenerative arthritis of the lumbosacral spine is being remanded due to a lack of compliance with the Board's previous remand instructions. The case will be returned for further development, including obtaining updated VA treatment records and scheduling a VA examination.

The Board denied the Veteran's claim for a rating greater than 20 percent for her chronic lumbar spine disability, finding that the evidence did not meet the criteria for such a higher rating based on functional impairment due to pain and lack of ankylosis.

The Board has remanded the claims for a low back disorder, sinus tarsi syndrome with left ankle nerve impingement, and chronic left ankle strain with loss of motion associated with sinus tarsi syndrome due to failure to report for VA examinations.