Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for increased disability evaluations, service connection, and TDIU due to incomplete development of evidence. The claims are being returned for further action.

The Board has remanded the claims for a low back or lumbar spine disability, neck or cervical spine disability, and headache disability due to service-connected bilateral knee disabilities.

The Veteran's claim for a higher rating for his L-3 fracture, residuals including DDD and prosthetic discs L4-5 and L5-S1, IVDS and degenerative arthritis was denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 20 percent prior to March 22, 2017 or 40 percent from March 22, 2017 to February 18, 2022.

The Veteran's lumbar spine disability was initially rated at 20 percent prior to September 30, 2021, and then increased to 40 percent as of that date. The Board denied a higher rating for the condition.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation due to his bilateral knee disabilities, lumbosacral spine disability, and anxiety disorder.

The Board has remanded the case due to an inadequate VA examination and a need for additional development regarding the Veteran's back disability.

The Board has remanded the claims for increased ratings for right and left knee disabilities, as well as DDD of the lumbar spine and GERD due to inadequate examination findings.

The Board has granted service connection for a lumbar paraspinal strain, nerve damage of the left lower extremity, and somatization disorder. Service connection was denied for sleep apnea.

The Board has ordered a remand due to the need for an in-person or telehealth examination to address whether the Veteran's back disability is related to his service-connected knee disabilities, and if so, whether it was caused by or aggravated by those disabilities.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and development of records.

The Veteran's lumbosacral strain with degenerative disc disease and IVDS is rated at 40 percent, which is the maximum schedular rating available. The Veteran's radiculopathy of the left femoral nerve is also rated at its maximum of 20 percent.

The Board has decided to remand the case due to insufficient consideration of the Veteran's in-service treatment for back pain and his statement that he self-treated his condition after separation from service.

The Board has denied the Veteran's claims for service connection for cervical spine, right knee, left knee, and right elbow disabilities. The case is being remanded for further development regarding low back disability, headaches, and fibromyalgia.,Service connection was not granted for the Veteran's claimed conditions due to insufficient evidence linking them to his active service.

The Veteran's service-connected degenerative arthritis of the lumbar spine and associated lumbar radiculopathy prevented him from securing and following a substantially gainful occupation from September 20, 2012 to September 19, 2013.

The Board has decided to remand the claims for service connection for COPD, low back disability, left knee disability, and right knee disability due to incomplete information about the Veteran's Camp Lejeune service. The VA will need to verify this service and obtain the curriculum vitae of the examiners who provided opinions on these claims.

The Board has remanded the claims for service connection due to insufficient evidence regarding whether preexisting scoliosis was aggravated by active duty, and because these issues are inextricably intertwined with the underlying thoracolumbar spine disability claim.

The Board has remanded the Veteran's claims for a disability rating in excess of 40 percent for his back disability, right knee limitation of extension, and instability. The TDIU claim is also being remanded due to concerns about the competency of the VA examiner who conducted the January 2021 examinations.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his periods of active duty, inactive duty training (IDT), and active duty for training (ADT). The VA will need to verify these dates and obtain any relevant military records.

The Veteran's claims for increased rating of left knee disability and service connection for back disability are remanded due to inadequate examination in the previous decision. The Veteran needs a new VA examination to determine the current severity of his left knee disability, its relation to the MVA, and the nature and etiology of his claimed back disability.

The Veteran's claim for a higher rating for his DJD of the lumbar spine was denied as there is no evidence that it resulted in forward flexion of the thoracolumbar spine to 30 degrees or less, including during flare-ups or after repeated use.,Claims for increased ratings for radiculopathy of the right and left lower extremities were also denied as they did not meet the criteria for a higher rating under the applicable diagnostic codes.