Back / lumbar spine decisions — 2022

The Veteran's appeals regarding increased ratings for his service-connected low back and left forearm disabilities have been dismissed due to the Veteran withdrawing his appeal in May 2022.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a current disability related to constipation, and the right wrist scars were not painful or unstable. The TDIU claim was remanded due to insufficient information regarding the Veteran's employment status.

The Board has remanded the Veteran's claims of service connection for hepatitis C, status post liver transplant, a back condition, a muscle condition, and a respiratory condition. The Veteran was not afforded an examination to address his exposure to herbicide agents in the Philippines. An addendum opinion is needed regarding whether his hepatitis and status post liver transplant are related to Agent Orange exposure. A VA examination is also required for his claimed back and muscle conditions and respiratory condition.

The Board has granted service connection for degenerative arthritis of the left shoulder, thoracolumbar spine, and cervical spine. The Veteran's current diagnoses are consistent with these conditions, and there is evidence that the stress from carrying heavy loads during active duty led to his current disabilities.

The Veteran's back disability, characterized by degenerative arthritis and IVDS, is currently rated at 10 percent. The Board found that the evidence did not demonstrate sufficient range of motion or incapacitating episodes to warrant a higher rating.

The Veteran's claims for service connection were denied due to lack of new and material evidence.,Service connection was not granted for chest pains, dizziness, sleep disability, memory loss, scars other than facial scar, or skin disability.

The appeal as to several issues has been dismissed. The low back disability is granted, but the right knee disability remains pending.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's low back disability and related radiculopathy. The TDIU claim is deferred until after the examination results are available.

Service connection is granted for a lumbar spine disorder, bilateral lower extremity radiculopathy, and an acquired psychiatric disorder.,The Veteran's OSA claim is remanded.

The Board has remanded the Veteran's claims for gastrointestinal disorders, gallbladder disorder, cervical spine disorder, low back disorder, and right shoulder disorder due to new evidence suggesting a possible connection to service. The Veteran is required to undergo additional VA examinations to clarify these issues.

The Veteran was granted TDIU prior to November 1, 2019 on an extraschedular basis due to his service-connected disabilities making it impossible for him to secure and follow a substantially gainful occupation.

The Board has determined that there is an approximate balance of positive and negative evidence regarding whether the Veteran's current lumbar spine disorder was incurred in or causally related to documented injuries during service. Therefore, service connection for a lumbar spine disorder, including lumbosacral strain with facet joint arthropathy and degenerative arthritis of the spine, is granted.

The Veteran's claims for increased ratings for his musculoligamentous strain with DDD, femoral nerve involvement of the lower extremities, and sciatic nerve involvement have been denied. The effective date is not applicable as the decision applies to all periods covered by the appeal.

The Board has remanded the Veteran's claims of entitlement to service connection for a right shoulder disability and a lower back disability due to inadequate examination reports in previous decisions.

The Veteran's appeal for increased ratings and service connection claims were dismissed. The rating for left hip replacement with osteoarthritis was dismissed, while the other issues remained pending.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's low back disability, including degenerative disc disease (DDD), is related to his military service. The claim will be reviewed with a new VA examination.

The Board denied service connection for back disability, hypertension, bleeding ulcers, stroke, and right eye disability.,Service connection was not granted for any of the claimed conditions.

The Board has granted the Veteran's claim for a total disability rating due to individual unemployability (TDIU) based on his service-connected disabilities, which include gouty arthritis, hiatal hernia with esophageal reflux, lumbar spine degenerative changes, and bilateral lower extremity radiculopathy. The effective date will be determined by the AOJ.

The Veteran's thoracolumbar spine intervertebral disc syndrome, degenerative arthritis, L4-5 degenerative anterolisthesis, and L1 compression fracture residuals are granted as service connected. The Veteran's sinus disability (including sinusitis) and folliculitis are remanded for further evaluation.

The Board has determined that additional development is needed to obtain Social Security Administration records related to the Veteran's claim for an earlier effective date for a 20% evaluation for degenerative disc disease L5-S1 with lumbosacral strain and thoracic spine scoliosis.