Back / lumbar spine decisions — 2022

The Board denied service connection for a back disability, finding that the Veteran's condition was not shown as chronic in service or within the applicable presumptive period and did not have continuity of symptomatology since service. The disability is also not otherwise etiologically related to an in-service injury or disease.

The Veteran's service-connected lumbar spine disability and obstructive sleep apnea do not meet the criteria for a TDIU prior to January 28, 2021.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and opinions regarding the relationship between his disabilities and active service, including right knee total arthroplasty and PTSD with depressive disorder.

The Board has remanded the Veteran's claims of service connection for back, left hip, and right hip conditions due to insufficient medical opinions provided by VA examiners.

The Veteran's claim for a higher rating for his degenerative changes of the lumbar spine with a T-12 compression fracture was denied, as the evidence did not show limitation of motion more nearly approximating forward flexion to 30 degrees or less. The claim for TDIU was also denied due to lack of evidence showing that his service-connected disabilities precluded substantially gainful employment.

The Veteran's claims for service connection and evaluations of various conditions are being remanded due to the need for additional development, including verification of in-service stressors and examinations.

The Board has remanded the Veteran's claims for service connection due to difficulties in contacting him and obtaining necessary medical opinions. The claims are being returned for further development.

The Veteran's degenerative disc disease of the thoracolumbar spine is rated at 20 percent from July 25, 2013 to March 16, 2022. From March 17, 2022, a rating in excess of 20 percent for this condition is denied.

The claim for service connection for a low back disability was reopened due to new evidence provided by the Veteran. However, the claim was denied as there is no credible evidence linking the current condition to service.

The Veteran's lumbar surgery did not necessitate at least one month of convalescence, and his employment history is contradictory. The Board has ordered additional development to address these issues.

The Veteran's claim for an increased rating for lumbosacral strain was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating.

The Board has dismissed the Veteran's claim for service connection for a lung disorder due to his withdrawal of the appeal prior to the promulgation of a decision. The remaining issues of service connection for back, neck, TBI, and vertigo and Meniere's disease are remanded.

The Veteran's bilateral pes planus and lumbar spine degenerative disc disease have been granted service connection. However, his claim for bilateral hearing loss has been denied, and the issue of entitlement to service connection for tendonitis is being remanded.

The Board has denied a higher rating for the Veteran's lumbar spine disability and remanded the claim of service connection for a neurological disability of the left upper extremity secondary to his low back disability. The case is being returned to the RO for further development.

The Veteran's appeal is remanded for additional examinations and opinions regarding his lumbar spine disability and neck condition. The Board finds that the current rating may be incorrect due to the passage of time and a possible increase in disability, as well as insufficient service connection opinions.

The Veteran's tinnitus, bilateral plantar fasciitis, left ankle disability, and right knee disability are all granted as service-connected.,Service connection for a back disability is denied.

The Board has remanded the cases for further development due to non-compliance with previous directives. The Veteran's low back, bilateral leg, and bilateral ankle conditions are still under review.

The Veteran's claim for SMC based on the need for aid and attendance/housebound status is remanded due to insufficient explanation of functional impairments attributable solely to service-connected disabilities. The Veteran also has a nonservice-connected condition (Parkinson's disease) that affects his ability to perform daily activities.

The Veteran's claim for a higher rating for lumbosacral strain was granted, with a 40% rating effective August 16, 2019. The previous ratings of 20% from October 22, 2016 to August 16, 2019 and 10% prior to October 22, 2016 were denied.

The Board has decided to remand the case due to the need for additional development, including obtaining updated medical records and a VA medical opinion regarding whether the Veteran's service-connected asthma or sinusitis caused obesity, which may be an intermittent step between his service-connected disabilities and his current low back disability.