Back / lumbar spine decisions — 2022

The Veteran's claims for an earlier effective date and restoration of disability ratings are being remanded due to procedural issues.,The Veteran's claims for increased disability ratings are also being remanded.

The claims for service connection have been reopened, but the Board has determined that additional medical examinations and opinions are needed to determine the etiology of the Veteran's disabilities.

The Veteran's left lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine was rated at 40 percent effective January 29, 2016.,The Veteran's right lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine was granted a 20 percent rating from January 29, 2016 to July 27, 2021 and denied any higher rating thereafter.

The Veteran's headaches, lumbar spine DDD, cervical spine disability, right upper extremity sensory dysfunction, left upper extremity radiculopathy, and left lower extremity sensory loss are all granted with specific ratings. The effective date for these grants is March 18, 2010.

The Veteran's lumbar spine disability has been rated based on the severity of his symptoms and functional impairment, but does not meet the criteria for higher ratings as per VA rating criteria.

The Veteran's TDIU claim for the period prior to February 6, 2012 is being remanded due to insufficient evidence of unemployability caused by service-connected disabilities.

The Veteran's claim for service connection for a psychiatric disorder has been reopened, and to that extent only, the claim is allowed. The claims for dizziness, right eye condition, skin condition, and low back disability are remanded due to outstanding records and need for additional examinations.

The Veteran's back disability, headaches, and seizure disorder have been granted service connection.,Other claims for service connection are pending and will be remanded.

The Board has decided to remand the Veteran's claims for service connection for a back disability and right shoulder disability due to inadequate VA examinations. The Veteran will need another examination to determine if his current disabilities are related to his active service.

The Veteran's claims of service connection for back and sciatic nerve disabilities have been reopened, but the Board has determined that a remand is necessary to obtain an updated medical opinion regarding the etiology of these conditions.

The Board has remanded the claim for service connection for a back disability, including lumbar strain and degenerative disc disease (DDD), due to insufficient evidence. The Veteran's current low back disability is again being reviewed with an addendum medical opinion.

The Board has granted service connection for a left shoulder disability and a back disability, finding that the Veteran's symptoms began during his active military service.

The Board has remanded the Veteran's claims for service connection for a left thigh condition and lumbar spine condition, both secondary to his service-connected foot disability.

The Board has granted service connection for obstructive sleep apnea. The other claims, including the TDIU claim, are remanded.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for various conditions, including a bilateral shoulder disorder, cervical spine disorder (claimed as an upper back disorder), lumbar spine disorder, and migraine headaches. The case will be returned to the AOJ for further action.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence linking his current condition to his military service.

The Board has remanded the claims for recurrent lumbosacral strain and DDD of the cervical spine due to inadequate examination findings regarding flare-ups, requiring additional retrospective medical opinions.

The Board has determined that the Veteran's appeal was improperly placed in the AMA system and should be re-docketed under the Legacy system. The AOJ must issue an SOC addressing all issues on appeal, and the Veteran is given the opportunity to perfect his appeal by filing a VA Form 9.

The Board has remanded the claims for recurrent disabilities of the lumbar spine, right hip, right knee, and left knee due to insufficient development.

The Board denied an initial disability rating in excess of 10 percent for the Veteran's degenerative joint disease of the lumbar spine, finding insufficient evidence to support a higher rating based on functional loss due to pain and other symptoms.