Back / lumbar spine decisions — 2022

The Veteran's claims for service connection on appeal have been remanded due to the need for additional development and examination. The issues of entitlement to service connection for various disabilities, including tinnitus, vertigo (claimed as dizziness and unbalance), an acquired psychiatric disorder (depression), memory loss, erectile dysfunction, cervical spine disability, left upper extremity disability, right upper extremity disability, left lower extremity disability, right lower extremity disability, left knee arthralgia, and right knee arthralgia are still pending.

The Veteran's claim for service connection for an acquired psychiatric disorder has been reopened, and the appeal is granted. The claims for service connection for other conditions are remanded.

The Veteran's scoliosis and degenerative arthritis of the lumbar spine have been rated at 20 percent since May 28, 2013. The Board finds that this rating is appropriate as the evidence shows a combined range of motion greater than 120 degrees but not greater than 235 degrees.,The Veteran's right knee replacement has been rated at 30 percent since April 2015. The Board finds that this rating is appropriate based on the presence of intermediate degrees of residual weakness.

The Board denied service connection for a low back disorder, finding no evidence of current disability related to service. The claim was reopened due to new and material evidence regarding the skin disorder.,The Veteran's melanoma is presumed to be related to Agent Orange exposure in Vietnam.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for additional medical opinions regarding his lumbosacral spine and right lower extremity neuropathy.

The Board has reopened the Veteran's claim of service connection for a lumbar spine disability and remanded the issues of service connection for cervical spine and bladder disorders. The case is being returned to the RO for further development.

The Veteran's claims for service connection of a thoracic and lumbar spine disability, as well as his claim for TDIU, are being remanded due to the need for additional development.

The Board has remanded the Veteran's claims for service connection for lower back, left wrist, right ankle, athlete's foot, and pseudofolliculitis barbae (PFB) conditions due to insufficient medical evidence to decide the claims. A VA examination is necessary in each case.

The Veteran's claim for an increased rating for allergic rhinitis is denied. The Board found that the evidence did not support a higher rating due to lack of polyps or other qualifying criteria. The Veteran's low back disorder was granted service connection as it is at least as likely as not related to her active duty service.

The Veteran has withdrawn his appeals for service connection and rating increases related to various conditions, including an acquired psychiatric disorder, a left knee disorder, migraine headaches, lumbar spine disability, right knee injury with posttraumatic arthritis, and scar from pyelolithotomy. The appeal is dismissed as the claims are withdrawn.

The Veteran's claims for service connection for lower back disability and RLE disability have been remanded due to the need for additional medical examination and opinion.

The Veteran's back disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate criteria for a higher rating. The Veteran’s right wrist disability has been remanded.

The Veteran's claims for increased ratings on low back strain, lumbar radiculopathy (lower right extremity), and scar have been dismissed. The Board has also remanded the issues of service connection for obstructive sleep apnea and erectile dysfunction as secondary to PTSD.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to May 29, 2012.

The Board has determined that additional development is needed for the Veteran's claims of service connection for low back and right eye disabilities, as well as her claim for an initial compensable rating for residuals of breast cancer. The TDIU claim is also remanded due to its inextricability with the other issues.

The Veteran's claim for total disability based on individual unemployability (TDIU) was denied because he did not submit the necessary VA Form 21-8940, and there is insufficient evidence to determine his employment status.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, which the Board has granted TDIU. The issues of SMC based on housebound criteria or aid and attendance are also remanded.

The Board has granted service connection for a lower back condition and hypertension, finding that the onset of these conditions coincided with the Veteran's active-duty service.

The Board has granted the claim for service connection for a lumbar spine disability, finding that it began during military service and continues to this day.

The Veteran's service-connected lumbosacral strain and associated radiculopathy are being remanded for further evaluation due to the need for a VA examination to assess current severity.