Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claim for higher ratings for his degenerative joint disease of lumbar spine and total disability due to individual unemployability.,The AOJ is required to obtain up-to-date VA treatment records, a retrospective medical opinion regarding flare-ups, a new VA examination addressing loss of range of motion over time, and refer the TDIU claim prior to July 21, 2014 for extraschedular consideration.

The Board has decided to remand the case due to a need for further development, including obtaining a new VA examination to assess the current severity of the Veteran's chronic low back strain.

The Board has denied the Veteran's claims for service connection for a back condition and a bilateral lower extremity condition, finding that there is no evidence of in-service injury or disease related to these conditions.

The Board has decided to remand the Veteran's claims for a right knee disability and back disability due to insufficient medical opinions regarding their relationship to service. The VA will need to obtain updated treatment records, translate German medical records, and schedule the Veteran for additional examinations.

The Veteran's claim for service connection for disability manifested by widespread joint and muscle pain (other than chronic lumbar strain with degenerative joint disease, left knee degenerative joint disease, and right wrist strain) has been granted.,Service connection has also been established for insomnia secondary to service-connected sleep apnea. The Veteran's fatigue is being remanded for further examination.

The Veteran's service-connected lumbar spine disability is currently rated based on limitation of motion and has been remanded for further development. The Board found that the criteria for higher ratings have not been met or approximated.

The Board denied the Veteran's claims for service connection for low back and left shoulder disorders, finding no evidence of a nexus between these conditions and his military service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection. The claims are being remanded due to incomplete records and inadequate medical opinions.

The Board has remanded the claims for service connection for a low back disability, compensable rating for bilateral hearing loss, and TDIU due to incomplete development and potential misdiagnosis of rheumatoid arthritis.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and left lower extremity radiculopathy disabilities due to inadequate examinations in prior decisions. The Veteran is required to undergo new VA examinations to determine the current severity of his conditions.

The Veteran's appeal is remanded for further development regarding his claim of a disability rating in excess of 20 percent for degenerative joint disease of the lumbar spine.,The Veteran's appeal is also remanded for further development regarding his TDIU claim.

The Board has granted service connection for low back, bilateral knee, and bilateral ankle disabilities. The Veteran's acquired psychiatric disorder is also found to be related to service.,Service connection was denied for a sleep disorder.

The Board denied the Veteran's claims for service connection for acquired psychiatric disability, bilateral hearing loss, bilateral plantar fasciitis and Achilles tendonitis, left hip disability, right hip disability, left shoulder disability, and back disability. The evidence did not support a finding that these conditions began during active service or were related to in-service injuries.

The Veteran's claim for a higher rating for his lumbosacral spine disability was denied, and the effective date for TDIU was established on May 22, 2012.

The Board has remanded the Veteran's claims for service connection for low back and left ankle disabilities due to incomplete information in the medical records, including a lack of his military personnel file. The claim will be reconsidered with new examinations.

The Veteran's appeal of an increased rating for chronic lumbar strain was dismissed.,An effective date of February 1, 2017 was granted for service connection for radiculopathy of the left upper extremity.,An effective date of November 2, 2017 was granted for TDIU due to service-connected disorders.

The Veteran's claims for increased ratings of his radiculopathy of the left lower sciatic nerve and lumbar spine condition are remanded due to insufficient evidence. The Board finds that a new VA examination is needed to properly assess the severity of these conditions.

The Veteran's lumbar spine degenerative disc disease is found to be etiologically due to injury sustained during active military service, and thus service connection for this condition is granted.

The Veteran's appeals for higher ratings and earlier effective dates have been dismissed due to the legacy appeal system. The issues remain as part of the pending appeals under the Legacy Appeals System.

The Veteran's TDIU was granted effective December 9, 2017, the date she stopped working full-time as a police officer due to her service-connected disabilities. The effective date for TDIU is being considered earlier based on her claim of unemployability.