Back / lumbar spine decisions — 2022

The Veteran's appeal for higher initial ratings and TDIU has been dismissed as he requested to withdraw his appeal.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence submitted by the Veteran, including recent medical records from Olympia Orthopedic Associates. The Veteran is also required to complete a VA Form 21-8940 and provide information about his employment history.

The Board has remanded the case due to incomplete service treatment records and outstanding VA medical records, as well as the need for a VA examination regarding the etiology of any diagnosed back disorder.

The Board has remanded the claim of whether new and material evidence has been received to reopen a claim for service connection for hypertension, which is now considered secondary to service-connected MDD with PTSD, lumbar spine degenerative joint disease, and/or migraines. The Veteran's hypertension claim is inextricably intertwined with his pending claims for service connection for back disorder and headaches.

The Veteran's depressive disorder was granted an initial rating of 100 percent effective May 13, 2021.,A 70 percent rating for the Veteran's depressive disorder from May 29, 2012 to May 12, 2021 is granted.

The Board has granted secondary service connection for left knee DJD, but the claims for lumbar spine disability and skin disability are remanded.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his employment as a chaplain/civil servant with the U.S. Army, and he has not provided sufficient information regarding his current employment status.

The Board has remanded the Veteran's claims for lumbar spine and left knee conditions due to incomplete development, including missing VA examinations. The Veteran is incarcerated and unable to attend the requested exams.

The Board has remanded the case due to inadequate medical opinion regarding the relationship between the Veteran's lower back disability and his service. The VA examiner needs to provide a rationale for their conclusion.

The Board has determined that the Veteran's low back disorder and tinnitus are related to his military service, granting service connection for both conditions.

The Veteran's appeal of the increased rating for her low back disability was dismissed because she did not file a timely substantive appeal in response to the June 2021 Supplemental Statement of the Case (SSOC) that denied entitlement to an increased rating.

The Board has remanded the Veteran's claims for left lower extremity radiculopathy and lumbar spine degenerative arthritis, as well as his claim for a TDIU due to ongoing development of medical records and examinations.

The Board denied service connection for a bilateral foot disability, lumbar spine disability, and bilateral hip disability. The appeal is remanded to determine the nature and etiology of these disabilities.

The Board has denied service connection for a low back disability and remanded the issue of secondary service connection for hypertension due to sleep apnea. The case is being returned to VA for further development.

The Board has determined that the Veteran's lumbosacral strain had its onset in service and is related to his active duty, granting service connection for this condition.

The Board has withdrawn the appeal for an earlier effective date for service connection of a low back condition and has remanded several rating claims related to knee and ankle conditions.

The Board denied service connection for various knee, shoulder, wrist, and hand disorders, finding that the evidence did not support a causal relationship between these conditions and service.

The Board has granted service connection for the Veteran's lumbar spine disability, but remanded her claim for sciatica disability due to insufficient evidence.

The Board has remanded the claims for additional development, including obtaining medical opinions regarding the likely etiology of the claimed cardiac condition and a retroactive opinion regarding the service-connected back disability. The Veteran's statements about her symptoms during service are considered in forming these opinions.

The Board has remanded the claims of service connection for obesity, left shoulder disability, lumbar disability, and bilateral hearing loss. The cervical neck disorder and TBI residuals are also addressed as new issues to be resolved.