Back / lumbar spine decisions — 2022

The Veteran's claims for earlier effective dates for service connection were denied. The Board found that the June 1996 Notice of Disagreement did not encompass an appeal as to the denial of his cervical spine claim.,The Court agreed with this finding, stating that the Veteran must have been referencing a different disability than his shoulder claim in his June 1996 Notice of Disagreement.

The Veteran's claims for an increased rating for cervical strain and service connection for a back disorder are being remanded due to incomplete VA examinations and the need for additional development.

The Veteran's lumbosacral strain is not rated higher than the current assigned ratings before December 2, 2019 and as of December 2, 2019. The case is remanded for further development.

The Board has granted service connection for left ear hearing loss. The remaining issues of service connection for the other conditions are remanded due to inadequate VA examinations and lack of consideration of relevant evidence.

The Board dismissed the Veteran's motions for revision of the February 4, 2005 and March 3, 2006 rating decisions regarding the effective date assigned to the grant of service connection for degenerative disc disease (DDD) of the lumbar spine due to lack of appeal.

The appeals for increased ratings and service connection have been dismissed due to the Veteran's death.

The Board has remanded the Veteran's claims for service connection for lumbar spine, left leg, and right leg disorders due to in-service physical activities and a circumcision procedure. The claims are being returned for additional development.

The Board has remanded the Veteran's claims for service connection for various disabilities due to insufficient medical opinions and incomplete records. The issues include back disability, neurological conditions of upper and lower extremities, sinusitis, rhinitis, and asthma.

The Board denied the Veteran's requests for earlier effective dates for service connection of PTSD, thoracolumbar strain, and eczema due to lack of continuous pursuit of her claims within one year of the July 2015 denial.

The Veteran is granted service connection for PTSD, obstructive sleep apnea as secondary to PTSD, and a back disability. The claims for bilateral shoulder and elbow disabilities are remanded.,Service connection for Meniere's disease (also claimed as dizziness) is remanded.

Service connection for PTSD due to MST has been granted.,Service connection for OSA was denied as there is no evidence of current disability.

The Board has remanded the Veteran's claims of service connection for low back, left knee, and right knee disabilities due to insufficient medical opinions considering lay statements about his in-service duties.

The Veteran's appeal is remanded for further development regarding service connection claims for various conditions, including PTSD, bilateral hearing loss, allergic rhinitis, cervical spine degenerative disc disease, right knee disability, left knee disability, and left acromioclavicular joint osteoarthritis.

The Veteran's anxiety and depressive disorder are rated at 50 percent, but no higher. The initial compensable rating for lumbar spine DJD prior to June 26, 2019 is denied. The case is remanded for further evaluation of the lumbar spine DJD from June 26, 2019 onwards and for TDIU.

The Board has withdrawn the appeals for sinusitis and PTSD, and has remanded the issues of service connection for degenerative arthritis of the lumbar spine and right hip DJD.

The Board has remanded the Veteran's claims for service connection for a right wrist fracture disability, low back disability, and glaucoma due to concerns about the competency of VA medical examiners.

The Veteran's back disability, characterized by forward flexion limited to less than 30 degrees without unfavorable ankylosis of the thoracolumbar spine, is currently rated at 40 percent for the period from January 30, 2017 to August 24, 2021.,A rating in excess of 40 percent for IVDS from August 24, 2021 is not warranted.

The Board has dismissed the appeals of service connection for low back disorder and sinus disorder. The appeal of service connection for a gynecological disorder, including uterine prolapse and hysterectomy, is remanded.

The Veteran's claims for service connection for back, right knee, and left knee conditions have been reopened. The case is REMANDED for further development including obtaining STRs and SPRs, as well as VA examinations.

The Veteran's service-connected disabilities do not prevent him from securing or maintaining substantially gainful employment, as he is currently employed part-time and earns income above the poverty threshold for one person.