Back / lumbar spine decisions — 2021

The Veteran's higher rating for his service-connected back disability and entitlement to TDIU are remanded due to the need for a new VA examination.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's degenerative disc disease of the cervical and lumbar spine is related to his active service.

The Board has remanded the Veteran's claims for lower back disability, left ankle disability, bilateral plantar fasciitis (left and right feet), due to conflicting medical opinions and need for additional development.

The Board has remanded the claims of service connection for a lumbar spine disorder, radiculopathy of bilateral lower extremities, and an acquired psychiatric disorder due to inadequate VA examination and failure to provide adequate statement of reasons or bases.

The Board has determined that the Veteran's low back disorder is secondary to his service-connected knee disabilities, and thus grants service connection for this condition.

The Board has denied service connection for a back disability and remanded the issues of entitlement to increased ratings for right knee Osgood-Schlatter disease and left ear hearing loss. The Veteran's claim for new and material evidence to reopen his previously denied right ear hearing loss is also remanded.,VA records show audiograms from Group Health performed in July 2016 and August 2016, which are part of the claims file but not yet reviewed. These records need to be obtained and considered.

The Veteran's service-connected PTSD, major depressive disorder, mood disorder, and psychotic disorder rendered him unable to secure or follow a substantially gainful occupation from January 31, 2007 to July 17, 2013. The TDIU claim is granted.

The Veteran's claim for service connection for sleep apnea is denied as he does not have a current diagnosis of this condition.,The Board finds that the Veteran’s claims for service connection for back disability, tinnitus, and headache disorder are remanded for additional development.

The Board has determined that the VA examinations provided in connection with these claims were inadequate for adjudication purposes as they did not provide a complete rationale for their opinions, did not consider the Veteran's lay statements and heavily relied on the absence of contemporaneous medical evidence to support negative nexus opinions.,Therefore, the Board finds that remand is necessary so that the RO can obtain new medical opinions addressing whether the Veteran’s disabilities are directly related to his service or otherwise proximately due to or aggravated by his service-connected disability.

The Board has denied service connection for TMJ disorder and remanded the claim for secondary service connection of low back disability due to shoulder disabilities. The decision is binding only with respect to the specific issues decided.

The Veteran's claims of service connection for lumbar strain and right knee disabilities have been reopened.,Service connection has been granted for the Veteran's lumbar strain disability and right knee disability.

The Board denied the Veteran's claim for service connection for low back disorder, finding that there was no evidence of a pre-existing condition and that her current degenerative joint disease did not manifest within one year after service. The Board also found that her lay statements regarding continuity of symptoms were inconsistent with other medical evidence.

The Board denied an increased disability rating for the Veteran's service-connected lumbar spine condition, finding that his symptoms are due to a non-service connected condition and not related to his service-connected condition.

The Board has remanded the issue of service connection for a cervical spine disability due to inadequate opinions and unclear reasoning regarding the etiology of the condition.

The Veteran's claims for service connection have been remanded due to a stay regarding naval service and presumed herbicide exposure. The issues of service connection for DM and CV disorder are impacted by the Federal Circuit's decision in Procopio v. Wilkie, which expanded the definition of 'service in the Republic of Vietnam' to include the territorial sea.

The Board has determined that the Veteran's low back condition, including lumbar spondylosis with radiculopathy, is proximately due to or caused by his service-connected pes planus. As a result, the claim for service connection for this condition is granted.

The Veteran's claim for a higher disability rating for his degenerative joint disease of the lumbar spine is being remanded due to the need for clarification of his range of motion and further examination.

The Board has remanded the case due to an incorrect statement of fact in the medical opinion provided by the Veteran's treating non-VA chiropractor. The clinician must address whether the fact that the chiropractor also reviewed the Veteran’s military records changes his opinion on the nexus between the current low back disability and the in-service lifting injury.

The Board has remanded the case due to insufficient compliance with previous directives and the need for a medical opinion regarding the Veteran's scoliosis and its relationship to service.

The Veteran's bilateral hearing loss is rated as noncompensable (zero percent) due to the severity of his symptoms not meeting criteria for a higher rating.,The Veteran’s lumbar spine strain is currently rated at 10 percent, and no higher. The updated VA examinations did not show any additional impairment warranting a higher rating.,Left knee limitation of flexion is rated as noncompensable (zero percent).,Right knee limitation of flexion is rated as noncompensable (zero percent).,Left knee limitation of extension is rated at 10 percent.