Back / lumbar spine decisions — 2021

The Veteran's appeal is remanded for additional development to determine the nature and etiology of his acquired psychiatric disorder, mild thoracic scoliosis and arthritis with multi-level lumbar spondylosis, and degenerative disc disease of the cervical spine. The Veteran will also be asked to provide stressor statements for his PTSD claim.

The Board dismissed the claim of service connection for bilateral foot pain as it was granted in a previous decision. The low back disability issue is remanded.

The Board has remanded the claims for service connection due to insufficient opinions regarding the relationship between the Veteran's current conditions and his in-service physical duties, including playing war games while wearing rucksacks and heavy gear.

The Board has remanded the Veteran's claims for service connection for neck and back disabilities, as well as his claim for TDIU due to a lack of development on certain theories of service connection.

The Veteran's claims for service connection for a lumbar spine disorder and bilateral foot calluses were denied as there is no evidence of chronic disability related to his military service.

The Board has granted service connection for residuals of stress fracture of the inferior pubic ramus, lumbar spine disability, and scoliosis as secondary to the Veteran's service-connected lumbar spine disability. The decision is based on a finding that there is a link between these conditions and her military service.

The Veteran is granted TDIU effective June 5, 2014. The Board also referred the case for extraschedular consideration and instructed the RO to obtain the Veteran's employment history from December 1, 2005, through June 5, 2014.

The Board denied the Veteran's claim for service connection for residuals of low back injury, status post-operative, finding that there was no evidence linking his current condition to his active service.

The Veteran's claim for a TDIU is being remanded due to lack of substantial compliance with the Board’s June 2017 remand directives and the need to obtain updated VA treatment records and conduct a combined effects VA medical opinion.

The Veteran's claims for increased ratings for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy were denied. The VA examinations indicated that the Veteran had limited range of motion in his lumbar spine and legs, with pain affecting his ability to perform daily activities.

The Board has remanded the case due to a lack of compliance with prior directives and additional development is necessary.

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Board has decided to remand the case due to the need for an addendum opinion regarding the Veteran's flare-ups and functional loss during those periods.

The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's multi-level degenerative disc disease, specifically in terms of range of motion testing and functional loss.

The Veteran's initial staged ratings for lumbosacral strain with degenerative disc disease and lower extremity radiculopathy were denied. The case was remanded due to issues related to service connection.

The Board has remanded the cases due to inadequate medical opinions regarding the etiology of the Veteran's right knee and low back disabilities, specifically whether they are aggravated by his service-connected left knee disability.

The Board has remanded the Veteran's claims for bilateral pes planus and bilateral eye disability to obtain additional medical opinions. The Veteran's service-connected disabilities are also being considered.

The Board has determined that a remand is necessary to address the adequacy of the October 2018 VA examination report and to obtain additional records for the Veteran.

The Veteran's cervical spine DDD and lumbar spine DJD have been granted increased disability ratings of 20% each, effective November 25, 2019. The TDIU claim has also been granted.

The Veteran's claim for service connection for lumbar strain is denied. The Board has remanded the claims for service connection for PTSD and an anxiety disorder due to insufficient evidence.