Back / lumbar spine decisions — 2022

The Veteran's claims for service connection for memory loss, muscle and joint pain (back, neck, left shoulder), fatigue, and skin symptoms are being remanded due to the need for additional medical opinions regarding their etiology.,Specifically, a VA examiner is needed to determine if these conditions are related to his military service or an undiagnosed illness.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the cases for additional development and consideration of new evidence, including VA examination reports. The issues of service connection for various disabilities remain on appeal.

The Veteran's appeal seeking a rating in excess of 20 percent for left shoulder impingement syndrome is dismissed.,For the period prior to October 31, 2017 and from April 1, 2019 to March 22, 2022, an initial rating in excess of 30 percent for major depressive disorder with anxious distress (acquired psychiatric disorder) is denied.,For the period from October 31, 2017 to April 1, 2019, a 50 percent rating for acquired psychiatric disorder is granted.,For the period from March 28, 2019, an initial 20 percent rating for lumbar spine condition is granted.,A separate 10 percent rating for left lower extremity radiculopathy is granted from March 17, 2022.,The Veteran's appeals regarding entitlement to service connection for a left knee condition, right shoulder condition, and TDIU are remanded.

The Board has remanded the case due to inadequate VA examination and procedural issues. The Veteran's cervical spine DDD condition needs further evaluation.

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's thoracolumbar spine condition, which is related to service. The case will be reviewed again with a new VA opinion.

The Board has determined that the Veteran's lumbar spine disorder is related to his active service and grants service connection for this condition.

The Veteran's claim for service connection for sickle cell trait is denied as the condition is a congenital defect and not subject to VA compensation.,Service connection for bilateral hearing loss disability is denied because the Veteran does not have a current disability meeting VA criteria.,Service connection for upper back disability, PFB, asthma, and bilateral eye disability are all denied due to lack of evidence linking these conditions to service or post-service treatment records.,The Veteran's claim for an initial rating in excess of 10 percent for lumbar strain prior to August 11, 2017 is denied.

The Board has remanded several issues for further development, including the evaluation of DJD of the thoracolumbar and cervical spine, separate ratings for radiculopathy, service connection for migraine headaches as secondary to service-connected disabilities, and TDIU. The effective date issue remains pending.

The Board has denied the Veteran's claims for service connection for lumbar spine disability and ischemic heart disease, finding that there is no evidence of a current diagnosis or a link between these conditions and his military service.

The Board has remanded the cases for further development and consideration, including obtaining an opinion regarding the nature and etiology of the Veteran's neck disability and left ankle disability.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's sleep apnea and its relationship to his service-connected disabilities. The Veteran contends that his psychiatric disorder, back, knee, and feet disabilities have caused or aggravated his sleep apnea.

The Veteran is granted an initial 40 percent rating for his lumbar spine disability from January 28, 2004, through August 12, 2008, and from November 30, 2009, through June 27, 2021. The claim is denied for a higher initial rating throughout the appeal period.

The Veteran's TDIU claim is denied prior to April 9, 2018 and dismissed from that date onwards due to his combined disability rating of 100 percent. The SMC based on housebound status is also denied.

The claims for service connection for low back, right knee, and left knee disabilities are granted. The decision also remands the claims for tinnitus.

The Board denied the Veteran's claims for service connection for low back disability and hyperkeratotic lesions of the feet, finding that there was no evidence linking these conditions to his military service. The Veteran's current disabilities are rated at 30 percent under DC 7819-7806.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and opinions.

The Board has remanded the claims for an increased rating for degenerative changes thoracic spine, residuals of traumatic brain injury (TBI), and posttraumatic stress disorder (PTSD) due to incomplete development.

The Veteran's appeal for service connection of a low back disability was dismissed because the appellant requested to withdraw his appeal.

The application to reopen the previously denied claim of entitlement to service connection for 'any back condition' is granted. The claims for right knee, left knee, and lower back disabilities are remanded due to lack of a VA examination and need for additional development.