Back / lumbar spine decisions — 2022

The Board has reopened the claims for service connection for a lumbar disability and generalized anxiety disorder, but denied the claim for left wrist disability. The decision is mixed as some issues were granted while others were not.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating prior to September 22, 2009. The Board finds that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable solely by reason of his service-connected disabilities and thus, entitlement to a TDIU rating on an extraschedular basis has been denied.

The Veteran's appeal is being remanded due to the need for additional development and examination, particularly regarding service connection claims and the propriety of separate ratings for radiculopathy.

The Veteran's claim for service connection for a closed comminuted T-condylar fracture of the left humerus was reopened and granted. Claims for other fractures were denied, as well as a claim for degenerative disc disease of the lumbosacral spine.

The Veteran's back condition was granted a 40 percent rating from April 27, 2016 to November 12, 2020. The claim for an increased rating beyond this period is denied.

The Board has decided to remand the Veteran's claims for service connection for a back disorder, sleep apnea, and diabetes as due to service-connected ischemic heart disease (IHD) due to insufficient medical opinions regarding the onset of these conditions during or related to service.

The Board has remanded the Veteran's claims for service connection for lumbar radiculopathy and an initial rating in excess of 10 percent for lumbosacral strain due to a lack of sufficient evidence regarding the current state of his disabilities.

The Board has denied service connection for hypertension, left knee disability, and lumbar spine condition due to lack of evidence linking these conditions to service.

The Veteran's thoracolumbar spine injury resulting from VA treatment is being remanded for further evaluation due to inadequate prior medical opinions. The Board finds the VA medical opinion is again insufficient and requires a new examination.

The Board denied service connection for an upper respiratory infection and cervical spine stenosis, finding no evidence of a current disability related to service or aggravation of pre-existing conditions.,The Veteran's tuberculosis was found not to be aggravated by his service. The Board also concluded that the Veteran's cervical spine stenosis is less likely than not due to service-connected disabilities.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been dismissed due to the withdrawal of the appeal by the Veteran's authorized representative.,Service connection has not been granted for a low back condition or migraine headache disability.

Service connection for tinnitus is granted.,The issues of service connection for bilateral hearing loss, low back disorder, painful scar -back (secondary to lumbar spinal stenosis with lumbar disc displacement and failed back syndrome osteoarthritis), and right hand disorder are remanded.

The Veteran's claim for service connection for major depressive disorder is granted. The claims for low back, left knee, and bilateral foot disabilities are remanded.

The Veteran's claim for an increased rating for her lumbar spine disability was denied. The Board found that the evidence did not warrant a higher rating under any applicable diagnostic codes.

The Board has reopened the previously denied claims of service connection for back and neck disabilities, but has remanded them for further development to obtain missing service treatment records and VA medical records. The appellant is also required to undergo examination(s) to determine if his current back and/or neck disability had its inception during active duty or is otherwise causally related to disease or injury in service.

The Board has determined that the Veteran does not have current diagnoses of left leg, right leg, lumbar spine, left hip osteoarthritis, or right hip osteoarthritis disabilities. As such, service connection for these conditions is denied.

The Board has granted service connection for bilateral knee disability, lumbosacral strain, and tinnitus. The Veteran's current disabilities are related to his military service.

The Veteran's lower back disability was found to be less severe than the initial and increased ratings assigned, thus denying higher ratings.

The Board has decided to remand the Veteran's claims for an initial rating in excess of 20 percent for service-connected lumbosacral strain with muscle spasm (back disability) and entitlement to a total disability rating based on individual unemployability (TDIU). The remand is due to missing VA treatment records, need for retrospective medical opinions regarding the Veteran's functional ability, and potential impact of these issues on his TDIU claim.

The Board has denied the Veteran's claims for service connection for various knee, ankle, shoulder, and back disabilities due to a lack of evidence showing that these conditions began during service or are otherwise related to in-service injuries.