Back / lumbar spine decisions — 2021

The Board has remanded the cases for further development due to issues with right and left lower extremity radiculopathy.

The Board has remanded the case for further development to obtain new medical opinions regarding whether the Veteran's current low back disability was caused or aggravated by his service-connected hip or knee disabilities, and radiation used to treat his prostate cancer.

The Board has dismissed all the claims related to service connection and increased disability ratings, as well as the TDIU claim due to the Veteran's death.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU on an extraschedular basis.

The Board denied service connection for a back disability, thyroid condition, obstructive sleep apnea, and GERD. The reasons given were that the evidence did not establish a nexus between these conditions and active service.,Service connection was not granted because there was no chronic disease shown during service or within presumptive periods, and continuity of symptomatology was not established.

The Board has remanded the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to ongoing issues with obtaining VA treatment records from Cincinnati VAMC related to his April 1969 pilonidal cyst excision, as well as a need for an adequate medical examination.

The Board denied attorney fees as the attorney did not represent the Veteran during the phase of the appeal when he sought increased ratings for his service-connected low back disability and separate ratings for pain and paresthesia in his bilateral lower extremities, as well as entitlement to a TDIU.

The Board has remanded the case for further development and review, including addressing issues related to restoration of payments, effective dates for ratings, and service connection for radiculopathy. The Veteran's TDIU claim is also being remanded.

The Board has determined that a remand is necessary to obtain additional opinions regarding the Veteran's low back disorder and his claimed sexual dysfunction. The claims for service connection are being remanded due to insufficient analysis in previous decisions.

The Board has decided to remand the claims for further development due to concerns about the qualifications of the VA examiners who provided the most recent examination reports. The Veteran's service connection claims related to bilateral shoulder, cervical spine, thoracolumbar spine, and left foot disorders are being returned to the AOJ for additional development.

The Veteran's heart condition and hypertension were not incurred in service, nor are they related to his military service.,Right ear SNHL was not incurred in service or due to exposure to herbicides. The Veteran's low back condition, erectile dysfunction, diabetes mellitus, type II, varicose veins, peripheral vascular disease, and peripheral neuropathy of the upper and lower extremities were also not related to his military service.

The Board has determined that further development is needed for the Veteran's claims of increased ratings for his service-connected lumbar strain and right knee patellofemoral syndrome. The Veteran will be scheduled for new VA examinations to assess the current nature, extent, and severity of these disabilities.

The Veteran's radiculopathy of the left upper extremity was denied an initial rating in excess of 20 percent prior to February 4, 2020 and a rating in excess of 40 percent thereafter.,For his degenerative disc disease of lumbar spine, he was denied an initial rating in excess of 10 percent prior to August 26, 2013 and a rating in excess of 40 percent from that date onwards.

The Board has granted service connection for lumbar strain and degenerative joint disease of the right knee, finding that these conditions are at least as likely as not related to service.

The Board has remanded several issues related to the Veteran's service connection claims, including cardiovascular disability, hypertension, erectile dysfunction, acquired psychiatric disability, neurological disability (vertigo), bilateral hip and knee disabilities, bilateral ankle disabilities, radiculopathy of upper and lower extremities, and a rating for multilevel spondylosis and mild spinal stenosis. The remand requires additional examinations and medical opinions to address the Veteran's claims.

The Board has remanded the Veteran's claims of service connection for back and neck disabilities due to a hazing incident in-service. The RO is instructed to obtain relevant records from the Florida Division of Vocational Rehabilitation, workers' compensation records, and private treatment records.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of a nexus between his current condition and his active service.

The Board has granted the Veteran's application to reopen her claims for service connection of left and right knee disorders, low back arthritis. The issues of service connection for bilateral knees and upper extremities conditions are remanded due to inadequate examination in February 2020. The TDIU claim is also remanded.

The Veteran is granted a 40 percent rating for lumbosacral strain from November 25, 2019. The previous ratings of 10 and 20 percent are denied.

The Board has remanded the claims for frostbite of the feet, lower back disorder, and bilateral lower extremity and upper extremity disorders due to unresolved issues.