Back / lumbar spine decisions — 2022

The Board has dismissed the Veteran's appeals for service connection for a cervical spine disability, temporary total evaluation due to right knee disability requiring convalescence beyond April 1, 2018, and SMC based on housebound beyond April 1, 2018. The remaining issues of rating excess ratings for lumbosacral strain, right knee disability, left ankle strain, and displaced fracture of the right middle finger are REMANDED.

The Veteran is granted a TDIU from January 28, 2009 to September 15, 2009 due to her service-connected low back disability, hepatitis C, and bilateral bunions. Prior to this period, she did not meet the schedular requirement for a TDIU.

The Board has granted service connection for the Veteran's back condition, finding that his current disability is related to in-service parachute jumps and other activities.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and consideration of new evidence. The Board will evaluate all claims in light of the updated information.

The Veteran's low back disability is rated at a 40 percent rating for the period from June 25, 2014 to March 26, 2019. A separate 10 percent rating was granted for right lower extremity radiculopathy during the same period. The Board found that the Veteran's symptoms prior to March 26, 2019 warranted a 40 percent rating.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and evaluations. The issues include back disability, acquired psychiatric disorder (including PTSD, depression, and anxiety), joint disabilities, gout, sleep apnea, and hypertension.

The Board has remanded the cases for further development due to incomplete contact information and the need for VA examinations.

Service connection is granted for low back disability, obstructive sleep apnea (OSA), left-hand condition with tingling, right-hand condition with tingling, left knee condition, right knee condition, and bilateral ankle conditions.

The Board has decided to remand the claims of service connection for a low back disability and a skin condition due to inadequate VA opinions, lack of documented in-service treatment records, and the need for further examination.

The Veteran's claims for an increased rating for thoracolumbar strain and TDIU are being remanded due to the need for additional medical examination and records.

The Board has decided that the Veteran's service connection claims for residuals of a tonsillectomy and back disability are remanded due to insufficient evidence. The claim for residuals of a tonsillectomy is denied, while the claim for back disability requires further examination.

The Board denied a higher rating for the Veteran's lumbar spine disability, assigning a 20% rating prior to May 17, 2022 and a 40% rating from that date onwards. The appeal was not about service connection.

The Board has denied service connection for a right shoulder condition, low back condition, and left knee condition as there is no evidence of in-service incurrence or a nexus to service.

For the rating period from December 3, 2012 to September 26, 2018 and from September 26, 2018 forward, an increased disability rating of 40 percent for the lumbar spine disability is granted.,For the initial rating period from May 6, 2015 to September 26, 2018, a higher initial disability rating in excess of 10 percent for right lower extremity sciatic nerve radiculopathy is denied.,For the initial rating period from May 6, 2015 to September 26, 2018, a higher initial disability rating in excess of 10 percent for right lower extremity femoral nerve radiculopathy is denied.,For the initial rating period from September 26, 2018 forward, a higher (compensable) initial rating for right lower extremity femoral nerve radiculopathy is denied.

The Veteran's claims for service connection and initial compensable rating for various conditions are being remanded due to the need for additional examinations and opinions.,Multiple issues related to hearing loss, eye injuries, back disorders, sciatica, foot problems, shoulder conditions, sleep apnea, hypertension, liver and kidney disorders, respiratory conditions, skin conditions, and athlete's foot have been identified. The Veteran will be scheduled for further evaluations to determine the nature and etiology of these conditions.

The Board denied the Veteran's claim for service connection for a back condition, finding that there is no medical evidence linking her current back pain to service and rejecting both direct service connection and continuity of symptomatology arguments.

The Veteran's claims for higher ratings and earlier effective dates are being remanded due to the need for additional development.

The Board has determined that additional development is needed to determine the etiology of the Veteran's low back disorder and whether it is related to service. The case will be returned for further action.

The Board has remanded several claims for additional medical opinions and to obtain relevant records, including from Social Security Administration (SSA). The issues include service connection for various conditions such as right shoulder disability, left shoulder disability, carpal tunnel syndrome, flat feet, edema, fibromyalgia, rheumatoid arthritis, sleep apnea, headache disorder, head injury residuals, and an acquired psychiatric disorder other than insomnia.

The Veteran's claims for service connection have been granted, with the exception of his right foot/ankle disorder and acquired psychiatric disorder (likely PTSD), which are remanded.