Back / lumbar spine decisions — 2022

The Veteran's claim for an increased rating of his spine disability is remanded due to the need for a new VA examination to assess additional functional loss due to flare-ups and proper range of motion testing.

The Board has remanded the case due to deficiencies in a December 2020 VA medical opinion regarding service connection for obstructive sleep apnea (OSA) secondary to service-connected lumbosacral sprain with intervertebral disc syndrome (IVDS), radiculopathy, gastroesophageal reflux disease (GERD), and/or posttraumatic stress disorder (PTSD). The remand requires the Veteran's claim be reviewed by a qualified VA examiner who has expertise in sleep-related disorders to provide an addendum opinion addressing whether PTSD causes or aggravates OSA.

The Veteran was granted TDIU from March 23, 2015 to February 28, 2019 due to his service-connected sleep apnea, bilateral gout of the feet, and lumbar spine degenerative disc disease.

The Veteran's lumbosacral spine disability is rated at 20% since March 21, 2013. The Board has also remanded the issue of service connection for a sleep disorder (including sleep apnea).

The Board has remanded the claims for service connection due to incomplete procedures and will proceed under the legacy appeals system.

The appeals concerning dizziness, bilateral hearing loss, bilateral orbital pseudotumor as secondary to the service-connected disability of migraine and mixed headache disorder, restless leg syndrome, left hip condition, right hip condition, and right shoulder condition have been dismissed.,Obstructive sleep apnea has been granted.

The Board has determined that additional development is needed for the Veteran's claims of service connection for back disability, residuals of brain injury, right leg disability, and arthritis (left leg/knee). The claims are being remanded to allow for further examination and opinion.

The Board has remanded the case due to the need for additional private physical therapy records.

The Veteran's lumbar spine strain was rated at 10 percent prior to May 7, 2022 and denied for higher ratings.

The Board has granted a 30 percent rating for the Veteran's neck disability prior to October 17, 2018 and denied an increased rating for his back disability.

The Board has referred the case back to the RO for further development, including obtaining updated employment and earnings information since January 2013, scheduling a VA examination for the left knee disability, and requesting VA treatment records from November 2013 to present. The Veteran's service connection claim for a back condition is also being referred for consideration.

The claim for service connection for a back disability has been reopened due to the submission of new and material evidence. The case is remanded for further evaluation, including obtaining medical opinions regarding the etiology of the Veteran's back disability.

The Board denied a higher rating for the Veteran's low back disability, finding that it was at worst manifest by forward flexion of 30 degrees or less during the period on appeal.

The Veteran's lumbar spine disability is currently rated at 10 percent prior to April 25, 2022 and denied for a higher rating. Since April 25, 2022, the disability remains rated at 10 percent.

The Veteran's service-connected CML caused several disabilities, including loss of use of bilateral lower extremities (eosinophilic fasciitis), erosive esophagitis, aspiration pneumonitis, right upper and left upper extremity eosinophilic fasciitis, thoracolumbar spine eosinophilic fasciitis, cervical spine eosinophilic fasciitis, and malnutrition. Effective December 6, 2017, service connection was granted for these conditions.

The Board has vacated its previous decisions dismissing the Veteran's claims for increased ratings and remanded them. The issues of whether the reduction of a rating was proper, entitlement to TDIU, and other related matters are also being remanded.

The Board has ordered a remand for the Veteran to be scheduled for another VA examination due to his current confinement in a skilled nursing facility. The examination should be tailored to accommodate him and must include an assessment of all existing lower back disabilities, including degenerative changes in his lumbar spine.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in previous examinations. The issues are now pending and will be reviewed with new medical opinions considering all relevant evidence.

The Board has remanded the claim of service connection for a low back disorder due to inadequate opinions and need for further development.

The Board has denied the Veteran's requests for earlier effective dates for the grants of service connection and increased ratings, finding that it is not factually ascertainable that his cervical strain or lumbar strain increased in severity prior to the assigned effective dates.