Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for sinus disorder, respiratory disability (cough variant asthma), right hip disability, and low back disability due to inadequate medical opinions. The claims are being returned for further development.

The Veteran's appeal for an increased disability rating in excess of 20 percent for the service-connected lumbar strain from August 9, 2011 has been dismissed as the Veteran withdrew their appeal prior to a Board decision.

The Board has remanded the cases of bilateral hearing loss and lumbar spine disorder for additional development to consider all relevant evidence, including the Veteran's lay statements and medical opinions.

The Board has remanded the Veteran's claims for service connection due to failure to attend VA examinations. The RO is instructed to schedule new VA examinations and obtain any outstanding treatment records.

The Veteran's lumbar spine disability is currently rated at 40 percent from June 27, 2019. The Board has remanded the issues for further development.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's bilateral tarsal tunnel syndrome is caused or aggravated by his service-connected lumbar spinal stenosis.

The Board has remanded the case due to insufficient examination regarding the Veteran's lumbar spine disability, specifically testing for active motion, passive motion, and pain with weight-bearing and without weight-bearing.

The Board has determined that the Veteran's lumbar spine disability and right arm condition have not been established as service-connected. The case is being remanded for further development.

The Board has remanded the Veteran's claims for service connection for lumbosacral spine disability, right foot disability (pes planus), and left foot disability (pes planus) due to incomplete evaluations from VA. The Veteran is directed to be scheduled for further examinations by VA to determine the nature of his disabilities and their relationship to active service.

The Veteran's thoracolumbar spine disorder is rated at 40 percent, and her right knee instability and limitation of extension are each separately rated. The TDIU claim is granted.

The previously denied claims for lower back, left ankle, right ankle, left knee, and right knee disorders are reopened. The claim for gastrointestinal disorder is also reopened. However, the claims for a left wrist disorder remain pending as they need further examination and opinion.

The Veteran's claim for a rating in excess of 10 percent for lumbar strain from March 1, 2011 to January 28, 2020 was denied. The claim for a rating in excess of 40 percent thereafter was also denied.

The Board has remanded the Veteran's claims for service connection for left ankle and low back disabilities due to insufficient evidence in the original decision. The VA is required to provide an addendum opinion on whether there is a relationship between these conditions and service.

The Veteran's claim for a higher rating for lumbar spine DDD prior to September 9, 2019 was granted. A separate compensable rating of 20 percent for RLE sciatic radiculopathy beginning May 8, 2012 is also granted.

The Board has decided to remand the case for further development, including obtaining a clarification opinion regarding whether the Veteran's lumbar spine disorder is secondary to his service-connected right knee disabilities.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and need further examination. The issues of low back condition, sleep disorder (including sleep apnea and/or insomnia), and acquired psychiatric disorder remain unresolved.

The Veteran's appeal for service connection for cervical radiculopathy, right upper extremity was dismissed.,A rating in excess of 30 percent for cervical spine degenerative disc disease from August 4, 2014 is denied.

The Board has determined that there has not been substantial compliance with its remand directives and the claims for service connection are being returned to the agency of original jurisdiction (AOJ) for further action.

The Board has remanded the case for additional development, including obtaining updated treatment records and an addendum opinion addressing flare-ups and occupational use of the thoracic spine. The Veteran's sleep and acquired psychiatric disorders are also to be evaluated in relation to his service-connected thoracic spine disability.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disability, specifically whether it is related to service or secondary to his service-connected bilateral pes planus and knee disabilities.