Back / lumbar spine decisions — 2021

The Board has found that there is not substantial compliance with the remand instructions and thus requires another remand to address whether the Veteran's current low back disability was incurred in service.

The Veteran's claims for increased ratings for major depression and a back disability, as well as his TDIU claim, are being remanded due to the need for additional medical records and examinations.,Specifically, the Board is requesting updated VA treatment records from the Vet Center during the period on appeal. They also want a new examination of the Veteran's low back disability.

The Board has remanded the cases for further development, including obtaining VA examinations and opinions to determine if the Veteran's claimed conditions are related to his service-connected disabilities.

The Board has remanded the Veteran's claims for low back disability, bilateral shoulder disability, hypertension (secondary to service-connected schizophrenia), heart disability, and residuals of a head injury due to incomplete examinations and lack of medical opinions. The Veteran will need to undergo VA examinations and obtain VA medical opinions.

The Veteran's claims for increased disability evaluations were denied. The Veteran was previously granted a 20% evaluation for his thoracolumbar spine condition, but the claim is now at 40%. His right and left lower extremity radiculopathy conditions are also rated as 20%.

The Veteran's claim for a disability rating of 40 percent, but no higher, prior to December 20, 2019, for intervertebral disc syndrome (previously rated as lumbar strain) is granted.,The Veteran's claim for a disability rating in excess of 40 percent for IVDS from December 20, 2019 onwards is denied.

The Board has denied service connection for a heart condition and dental condition. The Veteran's flat feet, spots in eyes, stomach condition (constipation), dizziness, and back condition are all remanded for further examination and determination.

The Veteran's acquired psychiatric disorder and low back disability are granted service connection. The appeal regarding right lower extremity radiculopathy and left lower extremity radiculopathy is remanded.

The Board has remanded the claims for service connection for low back and bilateral shoulder disabilities due to inadequate medical opinions in previous decisions. The Veteran's statements regarding symptom onset will be considered.

The Board has denied service connection for a low back disorder and GERD. The Veteran's low back disorder is not shown as chronic in service, arthritis did not manifest to a compensable degree within the applicable presumptive period, and continuity of symptomatology is not established. Service connection was also denied for bilateral knee condition and polyarthritis.,The Board has remanded the issues of service connection for bilateral knee condition and polyarthritis due to insufficient medical opinion regarding whether joint pain qualifies as an undiagnosed illness under 38 C.F.R. § 3.317.

The Veteran's service-connected lumbar spine, left knee, and right knee disabilities are remanded for additional examinations to determine their current severity.

The Veteran's claim for service connection for degenerative arthritis of the thoracolumbar spine is being remanded due to insufficient reasoning in the VA examination and lack of supporting rationale from the private opinion. The Board requests a supplemental VA medical opinion to address direct service connection, as well as secondary service connection by aggravation.

The Board has remanded the case due to insufficient information regarding functional loss caused by pain and flare-ups during the period from May 19, 2011 to April 26, 2017 for a lumbar spine disability. The Veteran is seeking an earlier effective date for his 40% rating.

The Board denied service connection for a low back disorder, finding no evidence of in-service injury or chronic condition.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for additional bilateral knee disability due to a fall at the Oklahoma City VAMC was denied as it did not involve VA care or treatment.

The Board has determined that the Veteran's low back strain with lumbar radiculopathy, right knee disability, and bilateral hip bursitis are not service-connected.,Further clarification is needed regarding the Veteran's current diagnoses of these conditions.

The Board denied service connection for a lumbar spine disorder and migraine headaches, finding no current diagnosis of these conditions in the Veteran's records. The appeal was remanded to obtain VA examinations but the Veteran did not attend them.

The Board denied the Veteran's claims of service connection for lumbar spine and cervical spine disorders, finding no evidence of in-service injury or disease that led to current conditions.

The Veteran withdrew his appeals for gallbladder removal, sleep apnea, and back disorder. As a result, the Board has dismissed these issues.

The Veteran's service connection claims for right knee, left hip, and low back conditions are remanded due to the newly granted service connection for a left knee condition. The Board will seek an opinion on whether these secondary conditions are caused by or aggravated by the service-connected left knee condition.

The Veteran's claims for increased ratings for lumbar strain, right hip degenerative arthritis with limitation of extension, and left hip degenerative arthritis were denied as the evidence did not show ankylosis or incapacitating episodes sufficient to warrant higher ratings.