Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for service connection for degenerative joint disease of the lumbar spine and sleep apnea due to insufficient reasoning in the VA medical opinions. The Veteran is required to provide additional evidence or an addendum opinion addressing the etiology of his claimed conditions.

The Board has decided to remand the claims for service connection and SMC based on the need for aid and attendance or at the housebound rate due to outstanding records that may be pertinent to the claim. The AOJ is instructed to attempt to obtain additional VA and private treatment records, including those from Dr. C., SSA records, and a new VA medical opinion.

The Veteran's appeal for increased ratings for degenerative arthritis lumbar spine, lumbosacral strain and thoracic spine strain has been dismissed as the Veteran requested withdrawal of the appeal.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions regarding his lumbar conditions, hypertension, and left ventricular hypertrophy/cardiomegaly.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence regarding his periods of active duty and overseas service, particularly during his deployment in Southwest Asia. The claims will be reconsidered after additional development.

The Veteran's service-connected migraine headaches and lower back condition rendered him unable to secure or follow a substantially gainful occupation for the period from December 2008 to August 11, 2010.

The Board has remanded the cases for further development to obtain missing VA treatment records. The Veteran's claims for service connection for a back condition and deviated septum are pending.

The Board has decided that the Veteran's bilateral hearing loss is service connected. The back disability issue was remanded due to inadequate medical opinion.

The Board has decided to remand the claims for service connection for a back disability and left knee disability due to incomplete development of records, including VA treatment records from prior to 1994. The Veteran's statements about her symptoms are considered credible.

The Veteran's PIP strain of the fourth finger of the left hand is granted service connection. An initial disability evaluation of 20 percent for degenerative arthritis of the lumbar spine with DDD and IVDS is granted effective September 19, 2016. Separate 10 percent evaluations are granted for left lower extremity femoral nerve radiculopathy and sciatic nerve radiculopathy beginning December 1, 2019.

The Veteran's low back disability is service-connected as it began during his active duty and has continued since.

The Veteran's claim of service connection for a lumbar spine strain is granted as the evidence shows that his current condition began during active service and is related to his combat experience.

The Veteran's claims for service connection and increased ratings are being remanded due to the failure of the Veteran to appear for scheduled VA examinations. The Board also notes that several pieces of correspondence from VA were returned as undeliverable, indicating a need to verify the Veteran's current mailing address.

The Veteran's TDIU claim is remanded due to the need for new VA examinations to assess his service-connected disabilities. The hypertension issue remains on appeal.

The Board has ordered a remand for the evaluation of the Veteran's low back disorder prior to March 9, 2022. The current rating from March 9, 2022 is denied as it does not meet the criteria for a higher than 40 percent rating.

The Board has determined that the VA examinations were inadequate and requires additional development to properly address the Veteran's claims for service connection for back disability and bilateral shoulder disability.

The appeal for service connection of a bilateral knee disability is dismissed. The appeals for service connection of lumbar spine, stroke residuals, COPD, heart disability, and bilateral hearing loss disabilities are remanded.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination and lack of medical opinion regarding her claimed disabilities. The claims are now pending with further development required.

The Veteran's claims for service connection for alcohol abuse, bilateral knee condition, low back pain, and bilateral hearing loss have all been denied as there is no evidence of a current disability or a relationship to military service.

The Board has granted service connection for atopic dermatitis and lumbar spine disorder, finding that new evidence supports the claims.