Back / lumbar spine decisions — 2021

The Board has remanded the claims due to insufficient examination findings and the need for an addendum opinion regarding the etiology of the Veteran's claimed disabilities.

The Board has determined that the Veteran's back disability is aggravated by his service-connected left ankle disability, and thus grants service connection for this condition.

The Veteran's claims for higher ratings for her lumbar spine and right knee disabilities were denied. The claim for a higher rating for arthritis and chondromalacia of the right knee prior to September 17, 2013 was granted with a 10% rating.

The Veteran's lumbosacral strain disability is rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has denied a rating in excess of 20 percent for the Veteran's lumbosacral spine disability and remanded the issue of service connection for obstructive sleep apnea. The decision summary is that the Veteran’s back condition does not warrant an increased rating, while his obstructive sleep apnea was found less likely than not related to service.

The Veteran's claims for increased ratings for right ankle fracture, status/post total ankle replacement and lumbosacral strain with degenerative joint disease (DJD) have been denied as the medical evidence does not support a rating in excess of 20 percent.

The Board has remanded the case due to incomplete records and further development is needed, including obtaining incident reports from a VA examination in November 2010.

The Board has remanded the Veteran's claims due to incomplete development of his service records and inadequate examination for assessing his knee disabilities.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining gainful employment, and he has been employed as a licensed vocational nurse throughout the appeal period.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to an in-service injury.

The Board has denied the Veteran's claim for service connection for a low back disability, including DDD, IVDS, spondylosis and degenerative arthritis, finding that there is no evidence of an in-service injury or disease related to these conditions. The Board also found that the current disabilities are not related to any such in-service event.

The Board denied the Veteran's claim for service connection of a back disability, finding that there is no evidence linking his current condition to an in-service event or injury.

The Board denied a higher rating for the Veteran's lumbar spine DJD, finding that her symptoms did not meet or approximate the criteria for a higher rating based on limited range of motion.

The Veteran's appeal to reopen a claim of service connection for CFS was denied. The TDIU rating prior to January 6, 2017 is also denied.

The Board has remanded the case for further development, including obtaining updated VA and non-VA treatment records and arranging for an addendum VA medical opinion to determine the nature and likely cause of the Veteran’s abnormal spinal contour noted in the April 2009 x-ray and September 2016 and November 2019 VA examinations.

The Board has remanded the Veteran's claims for service connection for left shoulder and low back disorders due to incomplete development of records from Social Security Administration.

The Board has remanded the Veteran's claims for service connection for a low back disability and bilateral pes planus due to inadequate VA examinations, failure to consider the Veteran's lay statements regarding his in-service injuries, and lack of records from his hospitalization.

The Veteran's claims for left and right ankle degenerative arthritis, major depressive disorder with alcohol use disorder, and a back disability have been remanded due to the need for additional development.,A separate claim of entitlement to service connection for fibromyalgia has also been remanded.

The Veteran's claim for an earlier effective date for service connection of PTSD is granted. The claims for service connection for a temporal lobe disability, left inguinal pain (hernia), chronic fatigue syndrome, low back disability, right knee disability, neck disability, and sleep apnea are all denied.

The Board has decided to remand four issues related to the Veteran's service-connected conditions, including his depressive disorder and knee disabilities. The remand is due to incomplete records and a need for further examination.