Back / lumbar spine decisions — 2022

The Veteran's back, right knee, and left knee disorders were not shown as chronic in service or within the applicable presumptive period. The evidence does not establish continuity of symptomatology since service.,The Veteran's bilateral eye conditions (myopia, chorioretinal scars, and staphyloma) are considered congenital defects and not diseases for VA compensation purposes. There is no clear and unmistakable evidence that these preexisted service or were aggravated by service.

The Veteran's service connection claims for hearing loss, esophageal disability, and low back disability are being remanded due to insufficient evidence or conflicting opinions.

The Board denied service connection for a back disability and a left hip disability, finding that the evidence did not support a link to service or any other compensable condition.

The Board has decided to remand the claims for additional development due to incomplete records and to prepare a Supplemental Statement of the Case (SSOC). The Veteran's treatment records from May 2022 onwards and complete records from Dr. J.C. at Southern Vermont Medical Center need to be obtained.

The Board has remanded the claims for additional development to obtain physical therapy records and medical opinions regarding the appellant's claimed neck, shoulder, and back disabilities.

The Board has remanded the Veteran's claims for additional development to obtain private treatment records and provide a retrospective medical opinion regarding his lumbar spine disability and neurological disorder of the bilateral lower extremities.

The Veteran's claim for service connection for a back disability is granted, as the evidence shows continuity of symptomatology and a pre-existing condition noted during service. Service connection is also granted for tinnitus.,Service connection is granted for tinnitus, based on the Veteran's credible testimony of in-service onset and continuous symptoms since separation from service.

The Board has remanded the case for further development, including obtaining additional VA examinations and opinions to address the Veteran's lumbar spine disability and TDIU claim prior to July 6, 2017. The AOJ is also instructed to consider or develop any inferred issue of entitlement to special monthly compensation (SMC).

The Board has determined that the Veteran's low back and cervical spine disorders are not related to his service, including repetitive lifting of heavy objects. The claims for service connection have been denied.

The Veteran's claims for service connection for back and left knee disabilities, both secondary to his service-connected right knee disability, have been remanded due to the need for additional medical opinions.

The Veteran's service-connected disabilities do not render her unable to secure or follow substantially gainful employment, and the Board denied her claim for a total disability rating based upon individual unemployability (TDIU).

The Veteran's TDIU claim was denied as he is currently employed full-time and has a consistent work history, with no evidence of substantial impairment in his ability to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for service connection due to issues with his hearing officer at a previous hearing, and because of new evidence submitted by the appellant. The Veteran is now required to provide additional evidence supporting his service connection claims.

The Board has determined that further development is necessary to obtain outstanding medical records and provide the Veteran with appropriate VA examinations. The claims for service connection are being remanded.

The Veteran's lumbosacral strain with degenerative changes and IVDS is currently rated at 40 percent, which is the maximum schedular rating available under VA regulations. The Board finds that this rating adequately reflects the severity of his disability.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's back condition is being reviewed again with additional information from his Reserve service.

The Veteran's claims for service connection were reopened due to new and material evidence, but the appeals are still pending as some issues remain unresolved.

The Board has remanded the Veteran's claims for low back disability and right hand disability due to inadequate development of evidence, including failure to schedule VA examinations as instructed in previous remands.

The Board denied service connection for hearing loss, tinnitus, sinusitis, skin condition of the feet (claimed as athlete's foot), ingrown toenail of the right foot, back condition, and right knee condition. The decision found no current disability for hearing loss or tinnitus that would meet VA compensation criteria.

The Board has granted the petitions to reopen the previously denied claims for service connection of a right knee disorder, left knee disorder, right ankle disorder, and low back disorder. The Board found that these conditions were incurred in service.