Back / lumbar spine decisions — 2022

The Veteran's claims for increased disability ratings and service connection are remanded due to the need for updated VA examinations.

The Veteran's service-connected lumbar spine, bilateral knee, and bilateral hip disabilities are being remanded for additional development to assess the extent of range of motion loss due to flare-ups and repeated use.

The Veteran's acquired psychiatric disorder, namely depressive disorder with anxious distress, is found to be caused or aggravated by his service-connected lumbosacral strain. Service connection for this condition is granted.

The Veteran's claim for service connection for a left knee disability has been reopened and is remanded. The claim for service connection for thoracolumbar spine DJD with degenerative spondylolisthesis, DDD, LE radiculopathy & IVDS (claimed as lower back condition) is also remanded.

The Board dismissed all issues on appeal due to the Veteran's death.

The February 1, 1965 rating decision denying service connection for a ruptured disc was not clearly and unmistakably erroneous. The Board found that the condition represented the natural progression of a pre-existing left hip disorder (Legg Perthe's disease). Service connection was granted based on this finding.

The Veteran's clothing allowance for bilateral knee braces and a back brace used due to service-connected disabilities is granted for the 2018 calendar year.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current diagnoses are related to an in-service injury during active service.

The Veteran's claims of service connection for a low back disorder, an acquired psychiatric disorder (including PTSD), and sleep apnea have been reopened due to the submission of new and material evidence. However, these claims remain pending as they are still being evaluated by the Board.,The VA is remanding the cases for further development related to the Veteran's service connection claims.

The Board has remanded all claims for service connection due to insufficient compliance with previous remand directives and the need for additional medical opinions.

The Board has decided to remand the Veteran's claims for service connection for lumbar and cervical spine disabilities, as well as a right shoulder disability. The reasons are that the opinions provided by the VA examiner were insufficient and further examination is needed.

The Board has granted service connection for a lower back disability and a bilateral leg disability, both related to the Veteran's service-connected ankle condition. Service connection for peptic ulcer disease is denied as there is no evidence of its onset during active service or due to exposure to herbicides.

The Board has granted service connection for bilateral sensorineural hearing loss, tinnitus, cervical spine disability (including degenerative arthritis and intervertebral disc syndrome), thoracolumbar spine disability (including intervertebral disc syndrome), and right hip disability. The claims were reopened due to new evidence provided by the Veteran.

The Veteran's service-connected disabilities, including PTSD, bilateral knee conditions, and degenerative disc disease of the spine, have rendered him unable to secure or follow substantially gainful employment since March 1, 2015. The Board has granted a total disability rating based on individual unemployability.

The Board has found that additional development is required for the Veteran's claims of service connection for back and neck disabilities, as secondary to his service-connected bilateral shoulder disability. The case is being remanded for further examination and opinion.

The Veteran's PTSD is rated at 70 percent, but no higher. The ratings for lumbar degenerative disc disease and intervertebral disc syndrome, as well as right lower extremity radiculopathy, are remanded due to worsening symptoms since the last VA examinations in 2015. The TDIU claim is also remanded.

The Veteran's service-connected disabilities, including PTSD and cognitive disorder, left knee disability, bronchiolitis obliterans, hypertension, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a TDIU based on the combined effect of these disabilities.

The Board denied service connection for a back disorder, finding that the Veteran's scoliosis is a congenital defect and not related to service. The other back disorders did not have their onset during service or are otherwise unrelated.

The Board has remanded the cases for further development due to outstanding treatment records and a need for updated evaluations.

The Board has remanded the claims for rheumatoid arthritis, respiratory disorder, and low back disorder due to inadequate medical opinions provided in the previous remand.