Back / lumbar spine decisions — 2021

The Board has decided to remand the case due to inadequate medical opinion regarding the Veteran's low back condition. The examiner failed to consider the Veteran's statements about a fall and ongoing pain, which could be relevant to establishing service connection.

The Board has remanded the claims for service connection for acquired psychiatric disability, to include PTSD, and thoracolumbar spine disability due to conflicting evidence regarding in-service stressors and the Veteran's current symptoms.

The Board has decided to remand the Veteran's claims for service connection for right shoulder condition, left shoulder condition, and lumbar spine condition due to missing private treatment records. The Veteran is requested to provide authorization for release of his private medical records from Kell Medical, Geisinger, and UPMC Williamsport. If relevant medical records are obtained, VA examinations should be scheduled to address the nature and etiology of these conditions.

The Veteran's claim for a higher rating for his service-connected back disability was denied. He is currently receiving the maximum schedular rating of 40 percent, effective April 20, 2018.

The Board denied service connection for residuals of a low back condition and an acquired psychiatric disorder, finding that the Veteran's current conditions are not related to his military service.

The Veteran's appeal involves multiple service-connected disability claims, including a respiratory condition presumed due to Gulf War exposure. The Board has ordered additional examinations and development for several other conditions related to the Veteran's military service.

The Veteran's lumbar spine condition is being remanded for further evaluation due to conflicting opinions and the need for a more detailed assessment.

The Board has remanded the Veteran's claims for service connection for a back disability and an initial compensable rating for chronic rhinitis due to inadequate medical opinions and the need for additional development.

The Veteran's claims for service connection for tinnitus, plantar fasciitis of the left and right feet, a lumbar spine disability, degenerative arthritis of the knees, were all denied as there is no competent evidence of current disabilities or a link to service.

The appeal of the issues regarding psychiatric disorder, low back disorder, and bilateral hearing loss is dismissed due to the Veteran's death.

Service connection is granted for bilateral pes planus. Service connection is denied for cervical spine, lumbar spine, right elbow/arm, left elbow/arm, right hip, left hip, and left knee disabilities.

The Veteran's initial rating for eczema with acne is granted at a 60 percent evaluation. The Veteran's lumbar spine disability, which includes degenerative disc disease (DDD) and degenerative joint disease (DJD), remains rated at 20 percent. A temporary total rating based on convalescence following an August 11, 2009 service-connected lumbar spine laminectomy is granted from February 12, 2019 to April 12, 2019. Special monthly compensation for statutory housebound status is granted from February 12, 2019 to April 12, 2019. A TDIU from October 11, 2010 is also granted.

The Veteran's claims for service connection for a back disorder and tinnitus have been granted. The Board found that the evidence is at least in equipoise that these conditions began during or are otherwise etiologically related to his active duty service.

The Board has dismissed all appeals regarding service connection for various conditions as the Veteran died during the appeal process.

The Veteran's appeals for increased ratings for his service-connected back disability and radiculopathy are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, including VA treatment records and SSA disability determination. The Veteran will be scheduled for VA examinations to address his claimed conditions.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability, including as due to a service-connected disability. The evidence did not support his assertions regarding an etiological link between a lumbosacral spine disability and active service or any incident of service.

The Veteran's service-connected disabilities, including lumbar disc disease with spinal stenosis, left lower extremity radiculopathy (femoral nerve), bilateral hearing loss, and tinnitus, rendered him unable to secure or maintain substantially gainful employment prior to May 31, 2017. The Board granted a total disability rating based on individual unemployability for this period.

The Veteran's low back disability is currently rated at 20 percent, but the Board has found further development necessary to determine if a higher rating is warranted.

The Board has remanded the cases for further development and examination to determine if the Veteran's back and left hip disabilities are related to service, including any incidents during service.