Back / lumbar spine decisions — 2022

The Veteran's stomach disorder is not currently service-connected.,A compensable rating for hemorrhoids has been dismissed.,Service connection for major depressive disorder with anxiety has been granted.,Service connection for lumbar spine strain, arthritis and IVDS has been granted.,Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy have been granted as secondary to the low back disorders.,Service connection for obstructive sleep apnea has been granted.,The Veteran's stomach disorder is not currently service-connected.

The Veteran's PTSD with alcohol use disorder is currently rated at 70 percent, and the Board finds that he does not meet the criteria for a higher rating.,Right knee patellofemoral pain syndrome and tendonitis are remanded for further evaluation.

The Veteran's service connection claims for asbestosis, bilateral hearing loss, and tinnitus have been granted. However, the effective dates prior to June 4, 2018 are denied.,An initial rating in excess of 10 percent for tinnitus is denied.

The claim to reopen the service connection for a low back disorder is granted. The claims for bilateral hearing loss are remanded due to lack of worker's compensation records and need for an additional opinion.

The Board has remanded the claims for service connection for a lumbar spine disorder and a respiratory disorder due to lack of information regarding the Veteran's claimed asbestos exposure. The VA examinations were cancelled, but further development is needed.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to assess his lumbosacral strain and adjustment disorder. The issues of service connection for upper and lower extremity neurological disorders are also remanded.

The Veteran's service connection claims for tinnitus and a low back condition are granted. The claim for hearing loss is dismissed.

The Board has remanded the cases due to additional development being required, including reviewing translated documents submitted by the Veteran.

Your service connection for recurrent lumbar spine disability with spondylosis and degenerative disc disease has already been granted in an April 2022 rating decision. The claim is now dismissed as the issue was fully addressed.

The Board has remanded the Veteran's claim due to insufficient medical opinions regarding his reported flare-ups of back disability causing immobility and requiring bed rest.

The Board has granted the reopening of the claim for service connection for a low back disability and has also granted service connection for lumbar spondylosis, degenerative changes, and herniated discs. The Veteran's back problems are believed to have started in service due to an injury during a hike.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back disability, including a lack of documented service connection and current medical records. The Veteran will need an updated examination to clarify his diagnosis and determine if it is related to his military service.

The Board has remanded the claims for service connection due to inadequate compliance with previous remand directives and a need for updated examinations.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, based on his education, skills, training, and work history.

The Veteran's lumbar spine disability is rated at 40 percent from August 27, 2008. He also received a grant of service connection for radiculopathy in both lower extremities effective August 27, 2008.

The Veteran's increased disability rating for lumbosacral spine (back) disability from January 11, 2017 to March 15, 2022 is denied. The rating was granted at 20 percent and remains denied as the evidence does not meet or approximate the criteria for a higher rating.

The Board has ordered a remand to obtain an addendum opinion regarding the service connection for the Veteran's low back disability, which is currently considered secondary to his service-connected bilateral knee disabilities. The Veteran was not provided with adequate notice of the scheduled VA examination and thus, another remand is necessary.

The Board denied the Veteran's claim for TDIU because he is substantially and gainfully employed, with a combined rating of 80 percent from September 15, 2011; 90 percent from December 3, 2013; and 100 percent from April 17, 2019. The Board found that the Veteran's service-connected disabilities did not render him unemployable.

The Veteran's claim for increased ratings for degenerative disc disease of the cervical spine was denied as there is no evidence showing compensable manifestations during the one-year period prior to July 10, 2012. For the period from July 10, 2012, to December 12, 2021, a rating in excess of 20 percent was denied as there is no evidence showing forward flexion of the cervical spine to 15 degrees or less or ankylosis of the cervical spine. For the period beginning December 13, 2021, a rating in excess of 30 percent was denied as there is no evidence showing unfavorable ankylosis of the entire cervical spine.

The Veteran's back disability is granted service connection. Other issues are remanded for further development.