Back / lumbar spine decisions — 2022

The Board has dismissed the Veteran's appeals regarding service connection for various conditions, including right knee disorder, left knee disorder, right upper extremity disorder, left upper extremity disorder, lumbar spine disorder, bilateral hearing loss, and tinnitus. The decision is due to the Veteran's passing.

The Board has remanded the claims for lumbar spine disorder, right hip disorder, left foot plantar fasciitis, and skin disease due to incomplete STRs. New VA examinations are needed to determine if these conditions were incurred during active service.

The Board has remanded the Veteran's claims for service connection for a thoracolumbar spine disorder and a neck disorder due to unclear opinions in previous VA examinations. The Veteran is seeking service connection for these conditions, which are currently considered direct service connection cases.

The Board has granted service connection for a low back disability of degenerative joint disease (DJD) due to continuous post-service symptoms and the presumption under 38 C.F.R. § 3.303(b).

The Board denied service connection for residuals of head injury, an acquired psychiatric disorder to include depressive disorder unspecified, polysubstance dependence in partial remission and posttraumatic stress disorder (PTSD), bilateral hearing loss, and degenerative arthritis, lumbar spine due to lack of evidence supporting the presence or continuity of current disabilities.

The Board has remanded several claims for service connection, including those for a back condition, low memory, an acquired psychiatric disorder (including PTSD), and residuals of groin strain. The TDIU claim is also being remanded.

The Veteran's service-connected conditions did not render him unemployable prior to February 13, 2020. The Board denied entitlement to a total disability rating based on individual unemployability and TDIU on an extraschedular basis prior to that date.

The Board has remanded the claims for service connection for a low back disorder and TDIU based on a single service-connected disability due to inadequate compliance with previous remand directives. The case is being returned for further development.

The Veteran's low back disability and GERD have been rated, but the Board has found that higher ratings are not warranted based on the evidence provided. The issues of rating higher than 20 percent for shoulder disabilities and rating higher than 10 percent for GERD from April 14, 2021 remain pending.

The Veteran's appeal regarding a rating for lumbar spine disability has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has remanded the cases for further development due to insufficient evidence regarding the current severity of the Veteran's lumbar spine and right knee disabilities.

The Board denied service connection for low back, right knee, left knee, and eye disorders as secondary to service-connected bilateral foot pes planus due to the Veteran's failure to appear for VA examinations.

The Board has remanded the case due to insufficient medical opinions regarding direct and secondary service connection for a low back disability. The Veteran's lay statements will be considered, but an addendum VA medical opinion is required.

The Veteran's low back disability is granted as service connected. TDIU is granted effective April 1, 2011. The issues of service connection for vision, vertigo, colon, and respiratory disabilities are remanded.

The Veteran's appeal is remanded for additional development to obtain private treatment records and schedule a VA examination.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU. The case is remanded to determine if he qualifies for extraschedular consideration.

The Board has remanded the claims for additional development due to lack of substantial compliance with previous remands. The Veteran's upper back disability and left clavicle fracture are both being reviewed again.

The Board has determined that the Veteran's back, neck, left and right knee disabilities, as well as his hypertension, are related to his active duty service. Service connection is granted for these conditions.

The Board has remanded the Veteran's claims for additional development due to incomplete testing and lack of specific opinions regarding functional loss, flare-ups, ankylosis, and radiculopathy.

The Board has remanded the Veteran's claims for hidradenitis suppurativa, gastroesophageal reflux disease (GERD), and low back disorder due to incomplete service records and inadequate medical opinions.