Back / lumbar spine decisions — 2022

The Board has decided to remand the Veteran's claims for herniated disc of the thoracolumbar spine, right rotator cuff tendonitis, and residuals of left hand fracture due to the need for new VA examinations.

The Board has granted service connection for the Veteran's back, left and right lower extremity sciatic radiculopathy, neck, and right knee disabilities. These conditions are considered direct service connections as they were incurred during active duty.

The Board denied the Veteran's claim for service connection for a back condition, finding that there was no evidence of a current disability related to service or within one year post-service. The Board also found that the Veteran did not have a pre-existing condition in his back prior to service.

The Board has remanded the case due to inadequate VA examinations and a need for further development, including obtaining additional medical records and scheduling a new VA examination.

The Veteran's colon cancer and atrial fibrillation are not service-connected due to lack of evidence linking these conditions to his military service, including presumed exposure to Agent Orange.,The Veteran's left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and low back disability were also not service-connected as there is no evidence connecting these conditions to his military service.

The appeal for TDIU is dismissed. The Board has remanded several issues including service connection for a left ankle disability, increased ratings for various disabilities, and effective dates.

The Veteran's claims for service connection for left knee, right knee degenerative arthritis, right shoulder condition, lumbosacral strain (claimed as back injury), sinusitis, and left ankle condition have all been dismissed. The claim of service connection for sinusitis was denied.

The Board has remanded the claims for an increased rating for a lumbar spine disability on an extraschedular basis and entitlement to TDIU on an extraschedular basis prior to February 27, 1998 due to inadequate development of evidence.

The Board has granted service connection for low back disability, bruxism, and headaches. The appeal is remanded for further examination regarding residuals of a traumatic brain injury (TBI) other than headaches and temporomandibular joint (TMJ) disability.

The Board has granted service connection for a neck condition and familial hand tremor. The issue of an earlier effective date for total disability rating based on individual unemployability (TDIU) is remanded.

The Board has determined that further development is necessary before the Veteran's claims for service connection can be adjudicated. The claims are remanded for new examinations and medical opinions.

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the Veteran has a current disability of tinnitus and there is an in-service event, as he was exposed to hazardous noise during his active duty as an aircraft fueler. The Board resolves reasonable doubt in favor of the Veteran and grants service connection.,The Veteran's claim for service connection for bilateral hearing loss is denied. The VA examiner found that the Veteran does not have a current disability of bilateral hearing loss, as his hearing thresholds do not meet the criteria for a disability under VA regulations.,The Veteran's claim for service connection for a right leg neurological condition (right leg disability) is denied. There is no evidence of a current diagnosis related to a right leg neurological condition and has not had one at any time during the pendency of the claim.,The Veteran's claim for service connection for a right shoulder disability is remanded. The VA examiner found that the Veteran does not have a definitive diagnosis related to his right shoulder disability, and further examination is needed to determine if his pain in his right shoulder has caused a functional impairment.,The Veteran's claim for service connection for a low back condition is remanded. The January 2018 VA medical opinion found that the Veteran's in-service low back strain is unrelated to the Veteran's current degenerative disc disease, as strains do not cause degenerative disc disease (DDD).,The Veteran's claim for service connection for a right knee disability is remanded.,The Veteran's claim for service connection for a left knee disability is remanded.

The Veteran's appeal to reopen her previously denied claim for service connection for a right eye disability was dismissed.,Her claims for service connection for alcohol dependency and lumbar spine disability were reopened, but the denial of these claims remains.

The Veteran's low back disability is rated at 40 percent effective January 24, 2013. The rating will remain at 40 percent until May 5, 2021, when it was increased to 40 percent.

The appeal for service connection for low back pain is dismissed. The appeals for left ankle disability and psychiatric disability, to include PTSD, are remanded.

The Board has dismissed all claims as the Veteran withdrew his appeals in February 2020.

The Board has found that a remand is necessary to assess the current severity of the Veteran's service-connected low back disability and radiculopathy of the lower extremities, including any associated nerve damage. The issues are inextricably intertwined with the claim for increased evaluations.

The Veteran's claims for service connection for low back and left hip disabilities have been granted, but the cases are still pending as further development is needed.

The Board has remanded the Veteran's claims for service connection for various disabilities, including left shoulder, low back, right knee, left knee, right ankle, and left ankle disabilities. The Veteran is also being asked to provide additional medical records from Dr. E.N., and he will be scheduled for VA examinations to determine the nature and severity of his current diagnoses.

The Board has remanded the Veteran's claims for a back disability and an acquired psychiatric disorder due to insufficient medical opinions and incomplete record review. The Veteran must provide additional evidence of her symptoms and treatment, including from Little Company of Mary Hospital.