Back / lumbar spine decisions — 2022

The Board denied the Veteran's claims for service connection for bilateral eye disability and cervical spine disability, finding that there was no evidence linking these conditions to his military service. The claim for TDIU was also denied.

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed due to the Veteran withdrawing his claims during a hearing before the Board of Veterans' Appeals.

The Board has remanded the case due to failure to notify and schedule a VA examination for the Veteran's lower back condition. The Veteran is asked to make every attempt to attend the scheduled examinations.

The Veteran's claims for increased ratings for low back strain, sciatic radiculopathy of the left lower extremity, left ankle injury, and left hand injury have been denied. The Board found that the current evaluations adequately reflect the severity of these conditions.

The Board has remanded the Veteran's claims of service connection for lumbar spine and right leg disabilities due to failure to appear at scheduled examinations. The AOJ is instructed to attempt to establish a new mailing address or communication method, schedule the Veteran for additional medical examinations, and provide an informed decision based on the evidence.

The Board has remanded the cases for further development to clarify the appellant's duty status during active duty for training and to obtain a VA examination regarding her service connection claims for right hip, right leg, and low back disabilities.

The Board has decided to remand the Veteran's claims for service connection for neck pain and lower back injury due to insufficient evidence in the record, including missing STRs and private treatment records.

The Board has remanded the claims for service connection due to insufficient medical opinions and further examination is needed.

The Board has determined that additional development is needed to obtain the Veteran's private treatment records and to provide him with a VA examination for his bilateral hearing loss, ingrown toenails, heart condition, digestive disability (gastroenteritis), periodontal disease, liver condition, left lower extremity sciatica, major depressive disorder with insomnia and traumatic brain injury (TBI), DJD of the thoracolumbar spine, right hand DJD, allergic rhinitis, hypertension, residual scars of the right eyebrow, and residual scars of the left upper and forearm. The Veteran's claims for service connection are remanded.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and radiculopathy of the lower extremities due to inadequate examination reports, including lack of discussion on flares.

The Board dismissed the appeal for a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) because the Veteran did not file a timely notice of disagreement with the June 2022 denial of TDIU.

The Board has decided to remand the cases for further development and consideration due to lack of substantial compliance with previous remands.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's low back condition. The claim will be returned for further development.

The Board has remanded the Veteran's claims for tinnitus and lower back injury due to a lack of STRs confirming an in-service mortar attack, as well as missing VA treatment records from Michigan. The AOJ is instructed to attempt to verify the mortar attack and obtain all relevant medical records.

The Board denied the Veteran's claims for service connection for vertigo and an increased rating for lumbosacral strain. The evidence did not support a finding that his current conditions were related to his active service or caused by his service-connected disabilities.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since October 26, 2015.

The Board denied the Veteran's petitions to reopen his service connection claims for bilateral hearing loss, lumbar spine disorder, right ankle disorder, left ankle disorder, right knee disorder, left knee disorder, right foot disorder, and left foot disorder. The Board also denied the Veteran's claim of entitlement to service connection for dizziness disorder. Tinnitus was granted as a new condition.

The Veteran's appeals for increased ratings for a lumbar spine disability and right lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal prior to the promulgation of a decision.

The Board has granted service connection for the Veteran's lower back disability and right leg radiculopathy, but denied service connection for a psychiatric disorder other than persistent depressive disorder. The decision is based on the merits of these claims.

The Board has decided to remand the cases for further development due to incomplete compliance with previous directives and because of the inextricably intertwined nature of the cervical spine disability claim.