Back / lumbar spine decisions — 2022

The Board has decided to remand the case due to inadequate opinions in previous examinations and a need for new examination with specific instructions.

The Board has determined that the Veteran's claims for service connection for a sleep disability, to include sleep apnea and back disability are not fully developed. The effective dates for granting service connection have already been established.

The Board has denied the Veteran's claims for service connection for low back disability and sinus disability, finding that there is no credible evidence linking these conditions to his military service.

The Board denied the Veteran's claims for earlier effective dates for increased disability ratings and service connection, finding that there was no pending claim prior to February 23, 2021. The effective date of the awards is set at February 23, 2021.

The Veteran's claim for a clothing allowance due to his back brace is denied because there is no evidence showing that the back brace causes abnormal wear and tear on his clothing.

The Veteran's cervical spine disability, including degenerative disc disease (DDD), is found to have its onset during active duty as a result of his duties as a fighter jet pilot. Service connection for this condition is granted.

The Board found that the reduction in ratings for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy was not proper due to continued significant impairment.

The Veteran's right shoulder and lumbar spine disabilities are remanded for further examination to determine their etiology.

The Board has remanded the case due to a failure to properly notify the Veteran and appellant of their rights in a simultaneously contested claim, including the right to a hearing, representation, and submission of evidence.

The Veteran's TDIU claim was granted effective December 20, 2019. The Board found that this is the appropriate effective date because it is the earliest possible date for a grant of TDIU given the Veteran met the schedular criteria for a TDIU on that date.

The Veteran's service-connected disabilities have precluded him from engaging in substantially gainful employment since April 13, 2018.

The Veteran's claim for service connection for a low back disability has been granted due to new evidence provided by the private physician, which suggests that his current condition is related to his in-service injury.

The Veteran's lumbar spine DDD status post lumbar fusion L4-S1 with IVDS is currently rated at 20 percent since June 25, 2022. The appeal remains before the Board as the AOJ did not grant the maximum disability rating.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, lumbar spine disorder, and hip disorder have been granted.,Service connection is established for bilateral hearing loss and tinnitus. The lumbar spine disorder and hip disorder are denied.

The Board has remanded the Veteran's claim of service connection for a back disability due to inadequate medical opinions and outstanding VA treatment records. The Veteran contends his current back disability is related to his active service, including chronic back pain since discharge.

The Board has remanded the case due to incomplete records and the need for further development, including obtaining chiropractic treatment records from January 2015.

The Board denied service connection for a lower back disability and hypertension, finding no evidence of such conditions during or immediately after service, and concluding that any current disabilities are not related to service.,The Veteran's hypertension was diagnosed in the late 1970s, but there is no indication it manifested during his active duty service.

The Board has remanded the claims for service connection for upper and lower back disabilities due to incomplete medical opinions.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for lumbar strain with intervertebral disc syndrome (IVDS) and a rating in excess of 40 percent for IVDS, as well as a rating in excess of 20 percent for IVDS from December 3, 2019. The claims are remanded due to the need for additional development including a new VA examination.

The Board has remanded the Veteran's claims for an evaluation in excess of 10 percent for his service-connected low back condition, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate examination reports and the need for additional development.