Back / lumbar spine decisions — 2022

The Veteran's initial disability rating for major depression from April 18, 2017 was denied as it did not meet the criteria for a higher rating. The rating for low back strain from September 1, 2015 to February 11, 2019 and from February 11, 2019 to present was also denied.

The Board has remanded the Veteran's claims for additional examinations to determine the current level of severity of his service-connected right knee and back disabilities.

The Board has remanded the claims due to insufficient development of records, particularly those from before October 2009. The Veteran's service personnel records and VA treatment records for that period need to be obtained.

The Board has determined that the Veteran's claimed disabilities are not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, continuity of symptomatology is not established, and are not otherwise etiologically related to an in-service injury or disease. Therefore, service connection for cervical spine disability, lumbar spine disability, bilateral shoulder disability, bilateral leg disability, bilateral foot disability, sinus disability (to include sinus headaches), and hypertension has been denied.

The Board has remanded multiple claims for further development due to inadequate VA examinations and the need for new examinations. The Veteran's skin, heart, right shoulder, back, arthritis (claimed as multi-joint pain), bronchial condition, throat cancer, kidney cancer, spleen condition, tongue condition (to include a tumor), sinusitis, pancreatitis, and brain trauma claims are all remanded.

The Board has remanded the claims due to inadequate notification and scheduling of examinations for obtaining nexus opinions regarding service connection for a back disability and nerve damage of the tongue.

The Board has determined that additional development is required for the claims of service connection for various conditions, including hemorrhoids, lumbar herniated disc, bilateral cataracts, left and right sciatic nerve paralysis, cervical herniated disc, peripheral neuropathy of the upper and lower extremities. The Veteran will be scheduled for a VA examination to determine the etiology of these conditions.

The Board has granted service connection for a lumbar spine condition and remanded the rating of PFB.

The Board has remanded the cases for further development and adjudication due to issues with obtaining private treatment records from the Veteran's former address.

The Veteran's claims for service connection are being REMANDED due to the need for additional examinations and medical opinions regarding the nature and etiology of his claimed conditions, including obesity, back disorders, neck disorders, lower extremity disorders, upper extremity disorders, and hypertension.

The Board has decided to remand the case for a new VA examination to reassess the severity of the Veteran's low back degenerative joint and disc disease, including considering whether there is ankylosis or functional equivalent thereof.

The Board has decided to remand the case due to insufficient evidence regarding the service connection for a low back disorder. A new VA examination is needed to determine if any diagnosed lower back disorder is related to military service or caused by or aggravated by the service-connected left knee disability.

The Board has determined that the Veteran's claims for higher ratings for his service-connected back and neck conditions, as well as his claim of entitlement to a TDIU prior to May 5, 2017, require additional development. Specifically, the AOJ is instructed to obtain private medical records, schedule the Veteran for VA examinations regarding his conditions, and provide an SOC on the issue of higher ratings for his service-connected back condition.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent and 40 percent for lumbar degenerative joint disease with IVDS, as the October 2018 VA examination was inadequate due to insufficient information on functional loss over time.

The Board has remanded the issues of service connection for diabetes mellitus, type II, a cardiac disability, and peripheral artery disease due to their secondary nature to the Veteran's service-connected disabilities.

The Board has granted the Veteran's claims for clothing allowances for a back brace in the years of 2014, 2015, 2016, and 2018 due to wear on his clothing caused by his service-connected lumbar spine disability.

The Board has determined that the Veteran does not have a current back disability or acquired psychiatric disorder that is proximately due to or aggravated by his service-connected left knee disability. The evidence of record does not support finding that either condition was caused or aggravated by the service-connected left knee disability.

The Board has decided to remand the claim for service connection of a low back disability due to inadequate medical opinion and incomplete record retrieval. The Veteran's heavy lifting duties during service are being considered as potential causation.

The Board has denied the Veteran's claims for service connection of a low back disability, right hip disability, left knee disability, bilateral hammer toes, and PTSD. The evidence does not support a finding that these conditions are related to active service.

The Board has remanded the Veteran's claims for increased ratings for his back disability and right and left leg radiculopathy due to inadequate consideration of retroactive range of motion studies and the ameliorative effects of medications.