Back / lumbar spine decisions — 2022

The Board has remanded the cases for a new VA examination to determine if any of the Veteran's diagnosed disabilities are related to service, including his service-connected left foot plantar fibroma.

The Board denied service connection for a chronic low back disorder, finding that the Veteran's current condition is not related to his military service and there is no evidence of continuity of symptoms since separation.

The Board has remanded the Veteran's claims for service connection for a right shoulder disability and low back disability due to conflicting self-reported accounts of injuries during active duty training. The case is now pending for further examination and development.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is rated at 40 percent, but no higher. The Board found that her symptoms most closely approximated the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for Specially Adapted Housing and Special Home Adaption Grant are remanded due to failure to report for VA examinations. The main issues of service connection remain unresolved.

The appeal for service connection of a low back disorder is dismissed as moot, and the appeals for increased disability ratings for left knee strain and instability are dismissed due to withdrawal by the Veteran.

The Board has remanded the Veteran's claims of service connection for lumbar and cervical spine disorders due to insufficient medical opinions regarding their etiology. The Veteran is also being remanded for a TDIU claim as his current service-connected conditions prevent him from working full-time.

The Veteran's degenerative disc disease with facet joint arthritis at L4-S1 was granted a 20 percent disability rating from October 19, 2018 to February 7, 2021. The appeal for an increased rating in excess of 20 percent from February 8, 2021 forward is dismissed.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including left knee DJD, instability, lumbar disc bulge, radiculopathy of both lower extremities, and cellulitis of the left leg. The remand requires additional examinations to assess the current severity of these conditions.

The Board has remanded the issues of service connection for a lumbar spine disability, radiculopathy of bilateral lower extremities (secondary to lumbar spine disability), sleep apnea (to include as secondary to service-connected PTSD), and kidney disability (to include as secondary to service-connected hypothyroidism) due to insufficient medical opinions regarding their etiology.

The Veteran's back disability was previously rated at 20 percent prior to September 30, 2019. As of that date, the rating has been increased to 40 percent.

The Board has remanded the Veteran's claims of entitlement to service connection for a lumbar spine disability and a right knee disability, both secondary to his service-connected left knee disabilities. The case is being returned for additional development.

The Veteran's appeals for a compensable rating for bilateral hearing loss, an increased rating for lumbosacral strain with DDD, and TDIU are all remanded due to the need for updated VA treatment records and a VA examination.

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disability, finding that his pre-existing arthritis of the spine was noted on entry into military service and did not undergo an increase in severity during service. The Board concluded that the presumption of aggravation does not apply due to clear and unmistakable evidence showing no increase beyond natural progression.

The Board has determined that the VA examinations and development are not in compliance with the prior remand directives. The claims for increased ratings will be addressed again to obtain a medical opinion compliant with the holding in Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board has remanded three issues related to the Veteran's service-connected right leg sciatica, left leg sciatica, and degenerative arthritis of the lumbar spine. The TDIU issue is also being remanded.

The Veteran's claim for service connection for a lumbar spine disability is being remanded due to the need for additional medical opinions regarding the etiology of his condition and whether it is related to his in-service injury.

The Board has reopened the Veteran's claim of service connection for a back disability and granted service connection for bilateral hearing loss. The case is remanded to obtain additional medical opinions regarding the Veteran's acquired psychiatric disorder, including PTSD.

The Veteran's PTSD is granted as service-connected. The bilateral hearing loss and lumbar spine disability are remanded for further development, while the lung disability remains denied.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it was incurred in and caused by his active military service.