Back / lumbar spine decisions — 2022

The Board has remanded the case due to inadequate VA examination and incomplete STRs from Germany. The Veteran's low back disability is being reviewed again for service connection.

The Veteran's appeals for increased disability ratings and TDIU were dismissed as the Veteran withdrew his appeal prior to a decision being made.

The rating reduction for radiculopathy of the left lower extremity sciatic nerve was improper, and the Veteran's disability rating is restored to 20 percent effective December 20, 2016. The cases regarding degenerative disc disease L5-S1 with history of herniated disc status post surgery, right lower extremity radiculopathy sciatic nerve, and left lower extremity radiculopathy sciatic nerve are remanded for further evaluation.

The Board has found the VA examinations inadequate and remanded for further development, including obtaining a new examination to determine the current severity of the Veteran's back and ankle disabilities. The TDIU issue is also being remanded due to its inextricability with the underlying claims.

The Board has remanded the Veteran's claims for bilateral eye disorder, right lower extremity radiculopathy, and lumbar spine intervertebral disc syndrome with degenerative changes due to inadequate opinions regarding service connection and current severity.

The Board has decided to remand the Veteran's claims for service connection for thoracolumbar and cervical spine conditions due to incomplete records and inadequate examinations. The Veteran is entitled to a new examination to determine if his current spinal conditions are related to his military service.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current lumbar spine disability is caused or aggravated by his service-connected right knee disability. The case will be returned for further development and an adequate opinion.

The Veteran's TDIU claim is granted on an extraschedular basis due to his service-connected disabilities making it impossible for him to secure and maintain substantially gainful employment.

The Board has granted service connection for right knee and low back disabilities, finding that the Veteran's conditions had their onset in service.

The Board has granted service connection for a right knee strain but has remanded the issue of service connection for a lumbosacral spine disability due to potential aggravation by other service-connected conditions.

The Veteran withdrew his appeals to reopen the claims for entitlement to service connection for a right shoulder disorder and a low back disorder, including sacroiliac joint osteoarthritis.

The Board has denied service connection for cervical and lumbar spine disabilities, finding that the evidence does not support a link between these conditions and active duty service.

The Board has remanded the cases due to inadequate VA examination reports and the need for further evaluation. The Veteran's respiratory disability may be related to service, but a thorough examination is needed. For the lumbar spine disability, a VA examination is required to determine if it is related to service-connected conditions.

The Veteran's claims for service connection have been dismissed due to their death.

The Veteran's service-connected disabilities, including headaches and back issues, have rendered him unable to secure and follow a substantially gainful occupation. The Board has granted his claim for total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims for service connection for lumbar spine disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate medical opinions in prior decisions. The Veteran's lay statements of continuous low back pain since service are considered.

The Board has remanded the case due to incomplete service treatment records and a lack of an adequate medical opinion regarding the nature and cause of the Veteran's thoracolumbar spine disability. The RO is instructed to obtain the Veteran's complete service treatment records and personnel records, and forward the claims file for an appropriate clinician to determine the etiology of any thoracolumbar spine condition(s).

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy, right tibia distal fracture, degenerative disc disease with spinal stenosis, and scars from lumbar spine fusion, render him so helpless as to require regular aid and attendance of another person. The Board granted the claim for special monthly compensation based on the need for aid and attendance.

The Veteran's claims for service connection for renal failure, lumbar spine disability, and herpes zoster have been remanded due to errors in the duty to assist process. The Veteran was not provided with VA examinations relevant to his lumbar spine and herpes zoster claims, and there were issues regarding his exposure to radiation during service.

The Veteran's claims for increased ratings and earlier effective dates for COPD, OSA, lumbosacral spine disability, and tinnitus have been denied. The Board found that the Veteran is already in receipt of the earliest effective dates allowable under VA regulations.