Back / lumbar spine decisions — 2022

The appeal for an increased disability rating in excess of 10 percent for lumbar spine degenerative disc disease is dismissed. The claim for service connection for obstructive sleep apnea has been reopened, and the case for residuals of TBI with migraine headaches is remanded.

The Veteran has withdrawn his appeals for service connection for chronic fatigue syndrome, gastroesophageal reflux disease, irritable bowel syndrome, and an undiagnosed illness. The remaining issues of service connection for a disability manifested by sleep impairment (including sleep apnea and insomnia), right shoulder disability (supraspinatus tendon injury and rotator cuff injury), low back disability, left knee disability, and right knee disability are being remanded for further development.

The Veteran's claims for higher ratings for his lumbar and cervical spine disabilities have been denied as the medical evidence does not support a rating in excess of 40 percent since June 3, 2022.

The Board has remanded the case due to incomplete development and unclear medical opinions regarding the Veteran's claimed back disorder, including spina bifida occulta. A new VA medical opinion is needed to clarify whether spina bifida occulta is a congenital defect or disease and to determine its relationship to service.

The Veteran's lumbosacral degenerative disc disease is granted an evaluation of 20 percent from September 1, 2015, to August 7, 2017. From August 7, 2017, to July 23, 2021, the Veteran's disability is rated at 40 percent. After July 23, 2021, a TDIU is granted.

The Board has remanded the Veteran's claims for increased ratings for his low back disability, left and right lower extremity radiculopathy due to insufficient evidence in the record regarding the extent of range of motion during flare-ups. The claims are being returned for further development.

The Board has remanded the case for further development and adjudication due to the need for additional medical examinations and opinions regarding the Veteran's service-connected degenerative joint disease and degenerative disc disease of the lumbosacral spine.

The Board has remanded the case for additional development, including obtaining a new medical opinion regarding the etiology of the Veteran's back disorder and left lower extremity radiculopathy. The issues of service connection for these conditions are inextricably intertwined with the issue of TDIU.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to accurately assess his service-connected disabilities.

The Board has remanded the case due to insufficient compliance with previous directives regarding service connection for lumbosacral strain. The Veteran's claim for special monthly compensation due to housebound status is also being remanded as it may be significantly impacted by the outcome of the service connection issue.

The Veteran is granted a TDIU as of July 1, 2016, but no earlier. As of March 20, 2019, the criteria for a TDIU based on a single service-connected disability are not met.

The Veteran's claims for increased evaluations and earlier effective dates for his service-connected lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded due to the need for additional medical examination.

The Board denied service connection for chronic strain of the lumbar spine with degenerative disc disease, cervical strain, and sacroiliac injury (claimed as butt injury), to include the left hip, finding that there was no evidence showing a relationship between these conditions and active service.

The Board has remanded the case for additional examination and opinion regarding the Veteran's thoracolumbar spine disability, as the prior examinations did not comply with VA requirements. The issues remain on appeal.

The Veteran's claim for a higher rating for his back disability is denied as he does not have unfavorable ankylosis of the entire thoracolumbar spine, and his range of motion limitation is fully accounted for with the current 40 percent disability rating.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and unclear evidence regarding his claimed disabilities. The Veteran is required to provide additional medical records, and a comprehensive physical and mental health examination will be conducted to determine if any of the claimed conditions are related to his military service.

The Veteran's service-connected disabilities, including his low back and knee conditions, have resulted in the need for regular assistance with activities of daily living. The Board has found that these conditions meet the criteria for SMC based on the need for aid and attendance.

The Veteran's appeal for an increased rating for PTSD was withdrawn. The Board has granted service connection for a thoracolumbar spine disability, finding the evidence in approximate balance regarding its etiology.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of in-service onset or relationship to service for glaucoma, cervical spine disability, and lumbar spine disability. Service connection was remanded for prostate condition and hypertension.

The Board has remanded the case for further development and adjudication of issues related to service connection, including those involving residuals of hammertoes, low back disability, hypertension, heart disability, acquired psychiatric disorder, GERD, colon disability, and headache.