Back / lumbar spine decisions — 2022

The Veteran's appeals for increased ratings were denied, and the issues of entitlement to increases in disability ratings for lumbosacral strain, duodenitis with IBS, and paroxysmal atrial fibrillation (PAF) are remanded.

The Board has remanded the case for further development, including a new examination by a physiatrist, psychiatrist, neurologist, or neurosurgeon to assess the Veteran's service-connected residuals of an in-service traumatic brain injury and his lower back disability. The TDIU appeal is also remanded.

The Board has remanded the claims for service connection for thoracic spine, lumbar spine, left foot drop, and left leg neurological disabilities due to a lack of compliance with a previous remand directive. The RO is instructed to obtain an addendum opinion from an occupational physician regarding the etiology of these conditions.

The Board has granted the challenge to the propriety of the overpayment in the amount of $21,851 and dismissed the claim for a waiver of this debt.

The Veteran's back disability is currently rated at 20 percent, and the Board denied a higher rating. The case was remanded for additional development.,Right knee instability and dislocated semilunar cartilage prior to March 26, 2018 are granted with separate ratings of 20 percent each. Right total knee replacement from May 1, 2019 is denied a rating greater than 30 percent. Major depressive disorder is granted a 70 percent rating.,The case was remanded for additional development regarding radiculopathy and the Veteran's right knee issues.

The Board has remanded the issues for further consideration due to inadequate examinations and lack of records from 2018.

The Board has remanded the Veteran's claims for service connection for a back disability and residuals of stroke due to inadequate development and opinions. The VA examiners did not fully consider all relevant evidence, including STRs from his period of active service in the U.S. Army.

An earlier effective date of April 11, 2005 is granted for the award of service connection for a low back disability. The Veteran's claim was based on his right knee disability and he sought medical care related to both conditions.

The Board has remanded the issues of increased evaluations for cervical spine disability, left and right upper extremity radiculopathy due to additional development being needed. The Veteran may have outstanding treatment records that need to be obtained, and a new VA examination is required to evaluate the current severity of his service-connected disabilities.

The Veteran's back condition is rated at a 20 percent rating, effective from the date of his claim. His acquired mental disorder (including PTSD and Major Depressive Disorder) is rated at a 70 percent rating, also effective from the date of his claim.

The Board has remanded the Veteran's claims for additional development due to errors in denying service connection on a direct basis without explaining why an examination and opinion considering direct service connection was not warranted.

The Veteran's claim for service connection for a lumbar spine condition and cervical spine condition has been reopened due to the submission of new evidence. The Board has decided that remand is necessary to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's claim for a rating in excess of 30 percent for other specified trauma and stressor related disorder was denied, as the evidence did not support symptoms consistent with a higher rating. The claim for TDIU prior to March 7, 2022, was also denied due to the Veteran's service-connected disabilities not rendering him unable to obtain or maintain substantially gainful employment.

The Board has granted service connection for obstructive sleep apnea and remanded the remaining issues of service connection for an acquired psychiatric disorder, IBS, low back disorder, and radiculopathy.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's back disability and its relationship to his service-connected bilateral knee disabilities. The VA is instructed to obtain additional medical opinions to address these issues.

The Veteran's claim for a higher rating for thoracolumbar spine status post discektomy with radiculopathy was denied as his symptoms do not meet the criteria for a disability rating in excess of 20 percent.,The Veteran's claim for a higher rating for left lower extremity radiculopathy was also denied, as it is already rated at 10 percent.

The Veteran's claim for service connection for bilateral pes planus is granted, and the claim for secondary service connection for a low back disability due to service-connected bilateral pes planus is remanded.

The Board has denied the Veteran's claims for high blood pressure and HIV, finding no evidence of their onset in service or a link to service. The claim for prostate cancer is remanded due to inadequate examination.,Service connection for prostate cancer will be granted based on exposure to asbestos during service.

The Board denied the Veteran's claim for service connection of a back disability, finding no current diagnosis and insufficient evidence to establish a link between his military service and any present condition.

The Veteran's claims for service connection are remanded due to insufficient evidence regarding in-service exposure to herbicide agents and the need for additional medical opinions on various musculoskeletal conditions, liver condition, bladder cancer, chronic kidney disease, respiratory condition, and colon condition.