Back / lumbar spine decisions — 2022

The Veteran's TDIU claim from October 2, 2003 to June 1, 2009 is granted. The claims for increased evaluations of the lumbar and cervical spine disabilities are denied.

The Veteran's lumbar spine disability is rated at 20 percent, effective from the date of the non-initial increased rating claim (July 2012). The other issues related to sciatic and femoral radiculopathy are denied.

The Veteran's right and left lower extremity radiculopathy are granted with a 20% rating from October 13, 2000 to November 17, 2009. The TDIU claim is also granted.

The Board has remanded the case due to incomplete development of evidence, including obtaining VA treatment records and private medical records. The Veteran's claims for service connection are also being remanded for additional examination and opinion regarding his ankle disorders.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantially gainful employment prior to September 15, 2014.

The Veteran's initial ratings for lumbar degenerative disc disease, atopic dermatitis, and vitiligo were denied as the evidence did not meet the criteria for higher disability ratings under VA rating criteria.

The Veteran's claims for service connection for an acquired psychiatric disorder (including depression) and a lumbar spine disorder, diagnosed as low back pain and degenerative changes have been dismissed due to the Veteran's death.

The Veteran's claim for service connection for a lower back disability is granted as new and relevant evidence has been received, including a nexus letter from his private physician. The Board finds that the Veteran's current disability is related to his in-service complaints of back pain.

The Veteran's claims for PTSD, an acquired psychiatric disorder (other than PTSD), right knee disorder, left knee disorder, and back disorder have all been denied.,There is no evidence of a current diagnosis or service connection for any of these conditions.

The Veteran's service-connected lumbosacral strain and degenerative arthritis of the spine are rated at 40 percent from December 7, 2018 to his death. The other conditions have been granted initial ratings.

The Veteran's claim for service connection for lumbar strain is remanded due to the need for a VA medical opinion regarding the relationship between his current condition and active duty.

The Board has decided to remand the Veteran's claim for service connection for a back disability due to inadequate VA opinions and pre-decisional duty to assist errors. The AOJ is required to obtain additional medical records, including Reserve service treatment records, SSA records, and private treatment records from Jackson Medical Center.

The Board has remanded the case for a medical opinion regarding whether the Veteran's low back disability is caused by his service-connected right and left knee disabilities. The current rating decision does not address service connection.

The Veteran's appeal for an increased rating for his service-connected lumbar spine disability is dismissed. The appeals regarding the readjudication of cervical spine and fallen arches disabilities are also dismissed as no new rating decision has been issued by the RO.

The Veteran's claims for service connection and increased rating have been remanded due to the need for additional development, including obtaining a VA examination.

The Board has determined that the Veteran's April 2019 VA Form 9 was timely filed in response to the September 2018 SOC denying service connection for a lumbar strain. As a result, the claim is granted.

The Board denied attorney fees for past-due benefits awarded in the May 2022 rating decision because the appellant did not file a qualifying request to review this decision, and the grant of service connection for left lower extremity radiculopathy was based on a new claim for an increased rating for back disability.

The Veteran's appeal is remanded for additional examinations and opinions to address the nature and severity of his lumbar spine disability, as well as the etiology of his cervical spine disability. The TDIU claim is also remanded.

The Veteran's sleep apnea is remanded for another examination to address the nature and etiology of his condition, including consideration of lay statements regarding exposure to burn pits.,The Veteran's lumbar spine condition is remanded for another examination to address the nature and etiology of his condition, including consideration of lay statements regarding combat operations and full battle equipment use.

The Veteran's petition to reopen a previously denied claim for service connection of a right knee disability is granted. The Board also remanded the issues of service connection for back and right knee disabilities as secondary to the service-connected left knee disability.