Back / lumbar spine decisions — 2022

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that the Veteran's current condition is related to his in-service injury and symptomatology.

The Veteran's claim for service connection for joint pain was dismissed as the Veteran withdrew his claim during a hearing before the Board of Veterans' Appeals.,The request to reopen the claim for service connection for skin disability was denied because new and material evidence did not raise a reasonable possibility of substantiating the claim.,The request to reopen the claim for service connection for back disability was granted as new and material evidence raised a reasonable possibility of substantiating the claim.

The Veteran's claims for an initial rating in excess of 20 percent for osteoarthritis of the lumbar spine and a TDIU are remanded due to insufficient examination findings. The claim for an initial rating is remanded because the May 2022 VA examination report does not comply with the requirements laid out in Correia v. McDonald, 28 Vet. App. 158 (2016). The TDIU claim is remanded due to its inextricability from the initial rating claim.

The Board has remanded the Veteran's claims for TBI, PTSD, and low back disability due to outstanding treatment records that need to be obtained. The Veteran is also scheduled for a VA examination to assess his current severity of low back disability.

The Board has decided to remand the cases of lower back condition and right lower extremity peripheral neuropathy condition for additional opinions. The Veteran's representative claims that there are additional issues, but these were withdrawn by the Veteran.

The Board has determined that the VA examinations provided for the back and right knee disabilities are inadequate, and thus remanded to obtain new opinions. The issues of service connection for a back disability, right knee disability, and right hip disability (secondary to a back disability) remain in dispute.

The Board has dismissed the appeals for service connection for fibromyalgia, hepatitis C, hemorrhoids, a left knee disorder, and a lumbar spine disorder due to the Veteran's withdrawal of these issues.

The Veteran's low back disability is rated at 40 percent since March 19, 2008. The Board also granted increased ratings for bilateral lower extremity radiculopathy and TDIU based on the low back disability. SMC at the housebound rate was granted effective October 2, 2018.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's back disorders, and a new VA examination is needed.

The Veteran's appeals for earlier effective dates and initial ratings were dismissed. The Board found that the Veteran withdrew her appeals, and service connection was granted for tinnitus.

Service connection granted for degenerative arthritis of the lumbar spine, degenerative disc disease of the cervical spine, and osteoarthritis of the right shoulder.,Left knee condition remanded due to lack of evidence supporting service connection.

The Board has remanded the Veteran's claims for additional development due to deficiencies in prior VA examinations. The Veteran is required to attend new VA examinations to assess his service-connected lumbar spine and left knee disabilities.

The Board has granted service connection for tinnitus, finding that the appellant's current diagnosis is related to military noise exposure during his period of active duty training (ACDUTRA).,Service connection was denied for low back disability and bilateral hip disability. The examiner concluded that there is no evidence linking these disabilities to the appellant's reserve service or ACDUTRA.

The Veteran's lumbar spine disability was not shown to meet the criteria for a higher evaluation prior to December 26, 2019. From December 26, 2019, to October 6, 2021, the disability did not warrant an evaluation in excess of 20 percent.

The Board has granted reopening of the claims for hypertension and back disability, but remanded the claim for diabetes mellitus due to exposure to herbicide agents or contaminated water at Camp Lejeune.

The Board has remanded the Veteran's claims of service connection for lower back, left hip, and cervical spine disabilities due to inadequate development in prior VA examinations.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include low back disability, right knee disability, diverticulitis, skin disability, bilateral hearing loss, right shoulder disability, cholelithiasis, gastroesophageal reflux disease (GERD), nephrolithiasis, erectile dysfunction, and Bell's palsy.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for right knee, back, traumatic head injury residuals, and left ear hearing loss disabilities. The appeals are remanded for further development including a VA examination.

The Board denied service connection for various conditions, including colon, prostate, bilateral foot skin disorder, and low back disability, all of which are not related to the Veteran's military service.

The Veteran's appeal is remanded for additional development regarding his lower back condition, bilateral foot condition, left leg injury, and right leg injury claims.