Back / lumbar spine decisions — 2022

The Veteran's claim for right ear hearing loss and low back disability has been reopened, with the claims being granted.,A rating in excess of 10 percent for left ear tinnitus is denied, as the Veteran's symptoms are fully contemplated by the current rating criteria.

The Veteran's bilateral pes planus was granted a 50% rating from April 10, 2019. The Board found the evidence at least in equipoise as to whether the criteria for a 50% disability rating are met prior to that date.,Service connection for allergy condition, left hip condition, and low back condition is remanded due to insufficient medical opinions regarding their onset during service.

The Board has remanded the Veteran's claim for TDIU on an extraschedular basis from January 1, 2017 due to his service-connected disabilities. The AOJ is required to readjudicate the claims and determine whether an extraschedular TDIU and referral to the Director of Compensation Service are warranted.

The Veteran's back disability is granted a 20 percent rating, but no greater, for the entire period on appeal.,The Veteran's right lower extremity radiculopathy is remanded as there are issues with the current ratings.

The Veteran withdrew his appeals regarding hypertension and back disability, leading to their dismissal.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected conditions caused or aggravated her sleep apnea.

The Board denied a rating for bilateral lower extremity radiculopathy in excess of 10 percent per each extremity, finding that the overall severity levels of the Veteran's disability most closely approximated a mild degree of impairment.

The Veteran withdrew his appeal, and the Board dismissed it.

The Board has remanded the claims for service connection for low back disorder and nutritional deficiency manifested by nutritional deficiency due to exposure at Camp Lejeune. The Veteran is required to undergo VA examinations to determine the nature and etiology of these conditions.

The Veteran's claim for service connection for tinnitus has been granted. The Veteran's claim for service connection for bilateral hearing loss is dismissed.,The Veteran's claims for service connection for PTSD, low back disability, respiratory condition, sleep apnea, bilateral plantar fasciitis, migraines, and bilateral shin splints are all remanded for further examination and medical opinions.

The Veteran's neck and back disabilities are currently rated at 30% and 40%, respectively. The Board has remanded the issues of separate ratings for neurological disability, increased rating for left lower extremity radiculopathy, and increased rating for paresthesias with weakness (left foot drop).,The Veteran's service-connected conditions include cervical spine traumatic arthritis and lumbar spinal traumatic arthritis.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his current condition is at least as likely as not related to active service.

The Veteran's appeal is being remanded due to the need for further evidentiary development, including scheduling a VA back conditions examination and determining if the Veteran has had any contact with VA through the VA Homeless Call Center.

The Veteran's TDIU is granted beginning on October 5, 2010, due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment.

The Board has remanded the claims for service connection for a low back disorder, an acquired psychiatric disorder, and TDIU due to inadequate medical opinions.

The Veteran's claims for higher ratings for his service-connected lumbar spine and right knee disabilities are being remanded due to inadequate examination reports, lack of consideration of functional ankylosis, and the need to obtain VA treatment records.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and further development is needed.

The Board denied the Veteran's claims for service connection for right wrist condition, degenerative joint disease of the low back, diabetes mellitus type II, and degenerative joint disease of the shoulder as new and material evidence was not submitted to reopen these claims.

The Board has remanded the cases for further development due to a lack of recent medical examination and updated treatment records. The Veteran's disability ratings for his bilateral knee and lumbar spine conditions are being reviewed.