Back / lumbar spine decisions — 2022

The Veteran's claim for service connection for a heart disability, to include as secondary to diabetes mellitus, is denied.,The Veteran's claim for an initial rating in excess of 20 percent for hemorrhoids prior to February 15, 2019 and a rating of 20 percent thereafter is granted.,The Veteran's claim for service connection for lumbar strain (a back disability) is denied.,The Veteran's claim for an initial rating in excess of 20 percent for diabetes mellitus is remanded.,The Veteran's claims for service connection for right and left ankle disabilities are remanded.,The Veteran's claim for service connection for a peripheral nerve condition secondary to service-connected diabetes mellitus or lumbar strain is remanded.

The Board has remanded the Veteran's claims for increased ratings due to new evidence indicating that her service-connected disabilities have worsened. The RO will obtain updated VA treatment records and schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her left shoulder, cervical spine, and lumbar spine disabilities.

The Veteran's TDIU claim was denied as his combined disability rating is less than the required threshold for a total disability rating. The Board found that he could still perform some type of gainful employment despite his service-connected disabilities.

The Veteran's claims for a higher rating for lumbosacral strain with arthritis and service connection for a right big toe disability are remanded due to new evidence added after the April 2022 SSOC.

The Board has remanded the case due to conflicting opinions regarding the etiology of the Veteran's lumbar spine disorders and whether they are related to service or aggravated by his right shoulder disability. The AOJ is instructed to obtain an addendum opinion from a VA examiner.

The Veteran's back, left leg, right upper leg, lung (COPD), allergic rhinitis, and gastrointestinal disorders have been granted service connection. The rating for hemorrhoids remains at 10 percent.

The Board has determined that the Veteran's claimed bilateral foot disorder, right knee disorder, left knee disorder, and lumbar spine disorder are not service-connected as there is no credible evidence of chronicity or continuity of symptomatology since service.

The Board has determined that the VA medical opinions obtained in April 2022 were inadequate and remanded for further development. The case is now returned to the Board for further review.

The Veteran's appeal has been dismissed as he withdrew all remaining issues from the appeal.

The Board has remanded the claims for increased evaluations and service connection due to lack of recent VA treatment records, undelivered correspondence, and failure to report a scheduled hearing.

The Veteran's initial compensable evaluation for pseudofolliculitis barbae has been denied.,The Veteran's lumbar spine disability is being remanded for further development to determine appropriate evaluations.

The Veteran's claim for service connection of a right knee condition is reopened. The Veteran's lumbar strain is rated at 40 percent prior to June 3, 2021 and 20 percent effective February 18, 2020.

The Veteran withdrew his appeal for an increased evaluation of his lumbar spine disability prior to the Board's decision.

The Veteran's claim for a higher rating for thoracolumbar strain was denied, and his claim for TDIU prior to December 13, 2012, was also denied.

The Board has remanded the case due to incomplete records and the need for an addendum opinion regarding whether the Veteran sustained additional disability of his lumbar spine during a VA examination in November 2010, and if so, whether such disability was caused by carelessness, negligence, lack of proper skill or similar instance of fault on the part of VA.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions and new evidence. The Veteran is seeking service connection for various conditions, including OSA, lumbar spine disability, ankle disabilities, shin splints, and lung/respiratory conditions.

The Board has remanded the case due to non-compliance with previous directives, including obtaining VA treatment records and scheduling examinations. The TBI issue remains unresolved.

The Veteran's lumbar strain is now rated at 40 percent effective September 20, 2022.,The Veteran's radiculopathy of the right lower extremity (sciatic nerve) is now rated at 10 percent effective September 20, 2022.

The Veteran's appeal for an increased rating for thoracic scoliosis, lumbar sacralization, and lumbar intervertebral disc syndrome with involvement of the deep peroneal nerve has been withdrawn.

The Board has remanded the Veteran's claims for bilateral hearing loss, lumbar spine disability, and brain disability due to discrepancies in audiometric testing results and incomplete medical records. The Veteran will need to provide additional information about his treatment history and undergo further examinations.