Back / lumbar spine decisions — 2021

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's lumbar spine disorder, including range of motion and flare-ups.

The Board has remanded both service connection claims for the Veteran's cervical spine disorder and left arm tingling/numbness. The reasons include inadequate findings in previous VA examinations, lack of continuity of symptoms between service discharge and post-service records, and need to consider the Veteran's lay assertions regarding his symptoms during service.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that the Veteran's continuous back pain since service is at least in equipoise with the evidence and thus resolving reasonable doubt in his favor.

The Veteran withdrew his appeal for service connection of a low back condition (claimed as lumbar back strain). The Board dismissed the appeal due to withdrawal.

The appeal to reopen a claim of service connection for a left knee disability based on the receipt of new and material evidence is granted. The claims for service connection for a left knee disability (on the merits) and a back disability are remanded due to inadequate examination.

The Board has remanded the claims for service connection due to insufficient opinions regarding the etiology of the Veteran's lower back disorder and cold injury residuals. The claims are being returned for further development.

The Veteran's chronic cervical spine myofascitis with degenerative disc disease is found to be causally related to an in-service cervical spine injury, and service connection for this condition is granted.

The Veteran's claims for service connection and increased rating for PTSD, as well as the grant of a TDIU effective September 2, 2013, are all granted. The OSA claim was reopened based on new evidence received after the initial denial in 2012.

The Veteran's back disability, disabilities of the knees, bilateral pes planus, and acquired psychiatric disability are granted with a 70% rating. The appeal is dismissed for the issue of service connection for shoulders.

The Board has decided to remand the case due to a failure to obtain a VA examination, which is necessary to determine if the Veteran's current back disability may be related to his active service.

The Board has granted service connection for the Veteran's back condition and secondary service connection for his left leg radiculopathy as it is related to his back condition. The evidence supports that the Veteran's back injury occurred in service, leading to current symptoms.

The Board denied the Veteran's claim for separate disability ratings for lumbar myositis, degenerative disc disease, and dextroscoliosis as it found that these conditions are manifestations of a single thoracolumbar disability.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate examinations and need for additional evidence. The issues of entitlement to service connection for hypertension, low back disability, hypogonadism, and diabetes mellitus are being returned to the AOJ for further action.

The Board has denied the Veteran's claims for service connection for various conditions, including coronary artery disease, an acquired psychiatric disorder (depression), hypertension, bilateral knee disability, left wrist arthritis, lower back pain, right leg limp, and right shoulder pain. The Board found no evidence of a nexus between these conditions and the Veteran's time in service.

The Board has remanded the Veteran's claims for an initial disability rating for DJD of the thoracolumbar spine in excess of 10 percent prior to April 2017 and a higher rating from April 17, 2017. The remand is due to deficiencies in VA examination reports and outstanding records.

The Board denied the Veteran's claims for service connection for a neck disorder, gastroesophageal reflux disease (GERD), and throat disorder. The Board found that there was no evidence of an in-service injury or illness related to these conditions, and that any current conditions were not caused by military service.,Specifically, the VA examiner noted that the Veteran did not have a diagnosed neck condition during his active duty, and that his current neck disorders are more likely due to rheumatoid arthritis. The GERD diagnosis was attributed to chronic use of medications for rheumatoid arthritis. No throat disorder was found on examination.

The Board has remanded the Veteran's claims for a lumbar spine disorder and an acquired psychiatric disorder, including PTSD, major depressive disorder, and anxiety disorder due to insufficient medical opinions regarding their etiology. The Veteran is requested to provide additional records and undergo VA examinations.

The Board has decided to remand the cases for further examination and evaluation due to insufficient evidence regarding the Veteran's hearing loss and lumbar spine disability.

The Board has dismissed the appeals for service connection of a back disability, tinnitus, headaches, PTSD, and major depressive disorder as they have already been granted in prior rating decisions.,Major depressive disorder is now granted subject to the laws and regulations governing the award of monetary benefits.

The Board denied the Veteran's claim for service connection of a back disability, finding that the evidence did not support a relationship between his current condition and his military service.