Back / lumbar spine decisions — 2021

The Board has remanded the cases for a VA examination to determine the etiology of the Veteran's claimed low back, right knee, and left knee disabilities. The examiner is asked to provide an opinion on whether these conditions are at least as likely as not related to service.

The Board has remanded several claims for additional development, including obtaining private treatment records and issuing a supplemental statement of the case (SSOC). The issues include ratings for various disabilities related to TBI, cervical spine, thoracolumbar spine, right shoulder, right knee, left carpal tunnel syndrome, right carpal tunnel syndrome, left thumb sprain, right thumb disability, left hip disability, right hip disability, eye disability, ulnar nerve paresthesias, ankle and wrist disabilities, nausea, constipation, and other conditions.

The Board has remanded the claims for service connection due to incomplete records and a need for clarification on whether the Veteran currently has a diagnosis of sleep apnea.

The Veteran's low back disability is currently rated at 40 percent, effective June 28, 2011. The Board has determined that a rating in excess of 40 percent for the low back disability from February 10, 2014 is warranted due to limitations on range of motion and functional loss.

The Board denied service connection for a stomach disorder, including hiatal hernia, ulcers, and GERD. The Veteran's current diagnoses were not related to his military service.,The Board also denied service connection for a back disability, upper and lower, affecting the cervical and lumbar segments of the spine with associated radiculopathy of the upper and lower extremities. The VA examiner concluded that the Veteran's current disabilities are less likely than not caused by his service.

The Veteran's initial claim for a higher evaluation for his lumbosacral degenerative disc disease, degenerative arthritis and spondylolisthesis of L5 on S1 was granted with an initial 20 percent rating prior to June 29, 2021. From that date onwards, the Veteran's condition does not meet the criteria for a higher evaluation.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical DDD due to insufficient medical opinions regarding whether these conditions are related to his active duty service.

The Board has remanded the Veteran's claims for service connection for a back condition and diverticulitis, as secondary to IBS. The issues are being reviewed due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's cervical spine, headaches (as secondary to a cervical spine condition), lumbar spine, and right ankle conditions have been granted service connection. The left ankle condition has not met the criteria for a disability rating in excess of 10 percent.

The Board has determined that the reduction in disability rating from 20% to 10% for lumbar disc disease with strain was not proper, and the issues of effective dates for knee disabilities are remanded.

The Board has remanded the claims of service connection for hypertension and low back condition secondary to PTSD due to inadequate examination reports. The Veteran's medical records show multiple borderline high blood pressure readings, which need to be considered in determining whether they constitute manifestations of a hypertension disability. Additionally, new opinions are needed regarding causation and aggravation of these conditions by PTSD.

The Board has remanded the claim for service connection for low back pain due to an addendum VA opinion that adequately addresses the Veteran's lay statements regarding continuity of low back pain in and out of service.

Prior to March 9, 2021, the Veteran was granted a TDIU based on his service-connected disabilities.,From March 9, 2021, the Veteran's TDIU was granted due to his depression with anxious distress and degenerative disc disease of the lumbar spine.

The Veteran's hearing loss and malaria claims are remanded due to the need for additional examinations.,The Veteran's back disability, hand disability, hip disability, knee disability, numbness, tingling and weakness throughout body, and sinus disability claims are remanded due to the need for additional examinations.,,,,,,

The Veteran's service-connected disabilities, including degenerative disc disease with spinal stenosis and peripheral neuropathy of the upper and lower extremities, render him unable to obtain or maintain substantially gainful employment.

The Board has granted service connection for an acquired psychiatric disability due to MST, but remanded the issues of service connection for a headache disability and a back condition.

The Veteran's claims for service connection for asthma and lumbar spine disability are remanded due to duty-to-assist errors. The claim for asthma is not readmitted as new relevant evidence has not been presented or secured.

The Board has granted service connection for TBI, migraine headaches, cervical spine IVDS and DDD, thoracolumbar spine strain, and TMJ disorder. The Veteran's conditions are deemed to have been incurred in the line of duty during his military service.

The Veteran's PTSD is rated at 70 percent, but no higher, throughout the entire appeal period.,PTSD symptoms include recurring nightmares, anxiety, depression, difficulty concentrating, intrusive thoughts/flashbacks, hypervigilance, avoidance of stimuli related to past experiences, and impaired social functioning.

The Board has reopened the Veteran's claims for service connection for sleep apnea, back disability, neck disability, and residuals of a traumatic brain injury due to new evidence submitted. The cases are remanded for further development.