Back / lumbar spine decisions — 2022

The Board has remanded the cases for further development, including obtaining VA treatment records and scheduling a VA peripheral nerves examination to assess the severity of the Veteran's radiculopathy.

The Board has determined that additional development is necessary for the Veteran's claims of service connection, increased ratings, and TDIU. The case is being remanded to obtain a psychiatric examination, VA examinations for his lumbar spine, headaches, and nasal fracture disabilities, as well as a retrospective assessment of the functional impact of his service-connected disabilities on his employability.

The Veteran's appeal for an initial compensable rating for left ear hearing loss has been dismissed due to his withdrawal of the appeal. The Board has also remanded cases involving service connection, TDIU, and special monthly compensation.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of an etiological relationship between his current condition and his active service.

The Veteran's lumbar spine disorder is rated at 10 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating based on limitation of motion.

The Board has determined that the VA examinations conducted in February 2022 are inadequate and requires remand for further examination to comply with the requirements of Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Veteran's nasal disorder, sleep apnea, neck disorder, low back disorder, bilateral lower extremity numbness (left), and left-hand disorder are all granted as service-connected.,Service connection for the right-hand disorder and facial/mouth injury is also granted.

The Board has remanded the case for further development, including obtaining an updated medical examination and addressing the TDIU claim in conjunction with the rating issue.

The Veteran's left lower extremity radiculopathy was reduced from a 20% to a 10% rating, effective August 1, 2018. A 40% rating for bilateral lower extremity radiculopathy is granted starting June 25, 2020.

The Veteran's claims for service connection for a low back disability and left eye disability have been reopened, and the appeal is granted. The claim for service connection for a skin disability, to include as secondary to major depressive disorder, remains pending.

The Veteran's service-connected disabilities, including left shoulder, right shoulder, thoracolumbar spine, cervical spine, left upper extremity radiculopathy, bilateral knee, bilateral elbow, headache, and eczema to the eyelids, ears, face, back, and forearms, are remanded for additional examinations to assess their current severity.

The Board has remanded the claim for an increased rating for lumbar spine degenerative arthritis due to a need for clarification regarding the Veteran's reported symptoms and additional functional limitations. The claim is also being remanded for further development, including obtaining information about private chiropractor treatments from 2015 to 2017.

The Board has granted service connection for the Veteran's lumbar spine degenerative joint disease, finding that it is related to a fall during her active duty service. The claim was reopened due to new and material evidence received since the previous denial.

The Veteran's claim for service connection for an acquired psychiatric disorder, secondary to his lumbosacral strain with degenerative disc disease L5-S1, was granted. His back disability is currently rated at 40 percent and remains denied for higher evaluations.

The Board has granted service connection for lumbar spine degenerative disc disease, finding it related to active service. The claim for sleep apnea is remanded for further review.

The Board has granted service connection for a lumbar spine disability on a secondary basis and denied an evaluation in excess of 30 percent for dysthymia.

The Board has granted service connection for tinnitus and remanded the issues of sleep apnea, right shoulder disability, PTSD, lumbar strain, bilateral hearing loss, and GERD.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities, as well as his right knee disability, GERD, and dysphagia. The case is being returned to the RO for further development.

The Veteran's low back disability is rated at 40 percent since September 28, 2020. The rating for radiculopathy of the lower extremity sciatic nerves remains at 10 percent and for saphenous nerves remains at noncompensable. TDIU is granted.

The Board has decided to remand the claims for a left shoulder condition, cervical spine condition, and lumbar spine condition due to inadequate medical opinions provided in December 2021. The VA is required to obtain new opinions from different clinicians that consider the Veteran's lay statements and provide adequate rationales.