Back / lumbar spine decisions — 2021

The Veteran's claims for increased ratings and service connection are being remanded due to the complexity of the issues.

The Veteran's TDIU claim is denied because his service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for initial increased ratings for his low back and left ankle disabilities due to incomplete VA examinations. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Board denied the Veteran's claims for service connection for PTSD, hypertension, lumbar spine disability, and gastric ulcer (GERD), finding that there was no evidence of an in-service event or disease related to these conditions.

The Veteran's service-connected disabilities, including obstructive sleep apnea, left and right upper extremity carpal tunnel syndrome, lumbar spine condition, bilateral lower extremity radiculopathy, and dysfunctional bleeding, have rendered her unable to secure or follow substantially gainful employment.,VA has not provided a medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The examiner should determine whether it is at least as likely as not that the Veteran's obstructive sleep apnea is related to her military service, caused by her acquired psychiatric disorder, or aggravated by her service-connected acquired psychiatric disorder.

The Board has remanded several issues including service connection for headaches, hypertension, lower back disability, skin disability (tinea cruris), and TBI. Additional evidence was submitted since the last statement of the case but an SSOC was not issued as required.

The Veteran's claims for service connection for degenerative arthritis and degenerative disc disease of the cervical spine, as well as chronic sinusitis and allergic rhinitis, were remanded by the Board due to insufficient evidence. The effective date remains August 12, 1999.

The Board has denied the Veteran's claims for service connection for a back disorder and obstructive sleep apnea (OSA) as there is no evidence of these conditions during or immediately following service, and the preponderance of the evidence indicates they are not related to service.

The Veteran's appeal is being remanded due to the need for an addendum opinion regarding the Veteran's service-connected lumbar spine disorder, specifically addressing whether the reported ankylosis and intervertebral disc syndrome (IVDS) are accurate reports or have resolved.

The Board has remanded the cases for additional development and consideration, including obtaining an addendum opinion regarding the etiology of the Veteran's bilateral hearing loss and tinnitus. The issues remain on appeal.

The Veteran's chronic lumbar strain with degenerative disc disease and radiculopathy of the left lower extremity are granted a rating of 40 percent, effective from July 21, 2021.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and proper notification of scheduled VA examinations.

The Board has remanded the cases for further development due to incomplete examination reports and potential functional loss equivalent to ankylosis.

The Veteran's PTSD was granted an initial rating of 70 percent, effective October 23, 2013. The service connection for a back condition was denied.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a lumbar spine disability and bilateral eye disability. The claims are being remanded to allow for further examination and opinion.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a direct relationship between the claimed conditions and service, or any other compensable basis.,The effective date for service connection has been granted for peripheral neuropathy of the bilateral upper and lower extremities.

The Board has granted service connection for the Veteran's left knee, right knee, and lumbar spine disabilities, finding that these conditions are aggravated by her service-connected left knee disability.

The Veteran's service-connected thoracolumbar spine disability is granted at a 40 percent rating effective June 17, 2014. The appeal for an initial rating prior to that date is denied.

The Veteran's lumbar strain and left ulnar neuropathy were evaluated, with the Board finding that further development was needed for the lumbar strain claim. The left ulnar neuropathy claim is remanded.

The Veteran's service-connected disabilities are not of such severity to preclude substantially gainful employment. Additional VA examinations and medical opinions are needed to determine the impact of her service-connected conditions on her employability.