Back / lumbar spine decisions — 2022

The Board has remanded the cases for further development due to incomplete records and failure of the Veteran to attend scheduled examinations.

Service connection for glaucoma is dismissed. Service connection for depression, sleep apnea, low back disorder, diabetes mellitus, and heart disease (claimed as ischemic heart disease and coronary artery disease) are granted on the merits.

The Board has remanded the case due to incomplete medical records and a need for an addendum opinion regarding service connection for back conditions, including aggravation of congenital scoliosis/kyphosis.

The Board has remanded the Veteran's claims for migraine headaches, left index finger injury residuals, lumbar spine condition, and cervical spine condition due to incomplete information regarding his periods of active duty service (ACDUTRA) and inactive duty training (INACDUTRA). The RO is instructed to obtain updated medical records and determine if there are any new diagnoses or conditions related to these periods. Additionally, the Board requests an addendum opinion for migraine headaches, a new examination for left index finger conditions, and a new opinion regarding lumbar spine and cervical spine conditions.

The Board has granted the Veteran's claims for service connection for tinnitus and obstructive sleep apnea secondary to his service-connected PTSD. The remaining issues of service connection for right shoulder disability, low back disability, and bilateral foot disability are remanded due to lack of STRs.

The Veteran's acquired psychiatric disability and degenerative arthritis of the lumbar spine have been granted service connection as secondary to his service-connected right and left knee disabilities. The remaining issues, including a right hip disability and increased ratings for the left knee prior to and after total knee replacement, are remanded.

The Board has remanded the claims for service connection due to insufficient evidence and a need for further examination. The Veteran's tinnitus, pseudofolliculitis barbae, bilateral foot disability, and lumbar spine disability are all being reviewed.

The Veteran's lumbar spine disability was granted an initial rating of 40 percent, but no higher, effective July 19, 2021. From that date forward, a rating in excess of 40 percent is denied.

The Board has granted service connection for a low back disability with associated left and right lower extremity radiculopathy. The cases of the left wrist disability, to include radial, carpal, and cubital tunnel syndrome, and right ear hearing loss are remanded.

The Veteran's DJD of the lumbar spine is rated at 40 percent, effective December 28, 2021. The rating for radiculopathy of the left lower extremity was increased to 10 percent prior to September 29, 2020 and to 20 percent since then. The rating for radiculopathy of the right lower extremity remains at 20 percent.

The Veteran's claims for PTSD, personality disorder, adjustment disorder, left foot condition, right foot condition, and back condition are being remanded due to the need for additional medical examinations and opinions.,Updated VA treatment records must be obtained, and a new examination is required to determine the etiology of the acquired psychiatric disorders and bilateral foot conditions.

The Veteran's cervical spine disability is granted as service-connected due to early onset within a year of discharge.,Her thoracic spine disability is denied, with no evidence linking it to service or a service-connected condition.

The Veteran's appeals for service connection and rating were dismissed. Service connection was granted for a back disability, but the appeal for other conditions remains unresolved.

The Board has determined that the Veteran's claims for service connection and TDIU are remanded due to non-compliance with prior remand directives. The hearing loss claim is denied as there is no evidence of an evaluation in excess of 30 percent.

The Veteran's claim for service connection for a low back disability other than scoliosis is remanded. The Veteran's claim for service connection for a neurobehavioral disorder, to include as due to contaminated water at Camp Lejeune or as due to a service-connected disability, is also remanded.

The Board has remanded several issues for further development and consideration, including service connection claims for various disabilities.

The Board has remanded the cases of entitlement to an initial rating in excess of 20 percent for right shoulder impingement with rotator cuff tear and entitlement to a total disability rating based on individual unemployability (TDIU) due to incomplete development.

The Veteran's low back disability is now rated at 40 percent, effective from July 23, 2021. The right shoulder and scars of the neck and nose disabilities continue to be rated as 20 and 10 percent respectively.

The Veteran's service connection claims for rhinitis, an acquired psychiatric disability (including PTSD and major depressive disorder), a low back disability, a cervical spine disability, a bilateral knee disability, migraines, intestinal condition (colostomy bag), and cervical cancer are all granted.

The Board denied the Veteran's claims for service connection for a left hand disability and for an increased rating for her lumbar spine disability, finding that there was no evidence to support these claims.