Back / lumbar spine decisions — 2022

The Board has remanded the cases for further development due to inadequate VA examination reports and because of jurisdictional issues regarding separate neurological ratings. The Veteran's low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are all under consideration.

The Board has determined that the Veteran's low back disability is service-connected. The issue of a higher rating for his left hip disability and the issue of service connection for his bilateral knee disability are both remanded.

The Veteran's claim for a higher rating for his back disability prior to April 16, 2022, and 20 percent thereafter is denied. The evidence does not support a finding of limitation of motion more nearly approximating forward flexion of the thoracolumbar spine to 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine.

The Board has remanded the Veteran's claims for service connection for right knee, low back, and right shoulder conditions due to insufficient evidence linking these conditions to his military service.

The Veteran's claim for a TDIU on an extraschedular basis prior to April 5, 2013 was denied. The Board has also remanded the Veteran's claim for a rating in excess of 40 percent for lumbar spine degenerative disc disease since August 3, 2021.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbar spine disorder pre-existed service or was aggravated by service. The examiner is instructed to provide an opinion on these issues and consider the Veteran's testimony and recent CT scans.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a psychiatric disability, including PTSD. The claims for service connection for a back disability are remanded due to insufficient medical opinions regarding its etiology.

The Board has remanded the cases for further development and examination due to new evidence of worsening symptoms. The Veteran's right knee and low back disabilities are being evaluated again.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back condition is secondary to his service-connected plantar fasciitis.

The Board has remanded the Veteran's claims for service connection for kidney disability, hypertension, back disability, and neck disability due to inadequate examinations and opinions. The cases are now pending for further development.

The Board has remanded the case due to conflicting opinions regarding whether the Veteran's spinal stenosis is a congenital defect or disease, and for obtaining private treatment records from Faxton Hospital in Utica, New York.

The Veteran's back disability, sleep apnea, hypertension, and GERD have been granted service connection. The Veteran is now rated at 30% for his GERD.

The Board has remanded the claims for service connection and rating determinations for various musculoskeletal disabilities, including right knee disability, lumbar strain, cervical strain, and left knee internal derangement and chondromalacia. Additional VA clinical documentation from a hospitalization report is relevant to these claims.

The Veteran's service-connected lumbar spine and bilateral lower extremity disabilities have been granted. His left foot disability has also been increased to a 30 percent rating, effective from the date of his claim.

The Board has determined that the Veteran does not have residuals of a TBI, and there is no current diagnosis of a chronic respiratory disability. The claim for sleep apnea is remanded due to incomplete medical records. The low back disability claim is also remanded as clarification on the nature and etiology of the condition is needed.,The Board has determined that the Veteran does not have residuals of a TBI, and there is no current diagnosis of a chronic respiratory disability. The claim for sleep apnea is remanded due to incomplete medical records. The low back disability claim is also remanded as clarification on the nature and etiology of the condition is needed.

The Board has granted special monthly compensation (SMC) based on the need of regular aid and attendance for the period since June 7, 2014 due to service-connected lumbar spine disability and bilateral lower extremity radiculopathy. The Veteran is considered permanently bedridden and in need of regular aid and attendance.

The Board has remanded the claims for bilateral knee and lower back disorders due to inadequate VA examinations, lack of treatment records from July 2018 onward, and a need for further development.

The Veteran's lumbosacral strain and ulcerative colitis with gastroesophageal reflux disease (GERD)/hiatal hernia have been granted initial ratings of 40 percent and 30 percent, respectively, for the entire appeal period.

The Board has remanded the issues of entitlement to service connection for tinnitus, left knee disability, right knee disability, low back disability, and liver disability. The Veteran's testimony regarding in-service heavy lifting and lack of treatment due to language barriers are considered.

The Veteran's claim for bilateral hearing loss and tinnitus is dismissed as the appellant withdrew his appeal.,Service connection for a back disorder was reopened due to new evidence received since the May 2013 rating decision. The claim of service connection for thoracolumbar disc space narrowing with degeneration and spondylosis and right knee residuals of remote partial thickness tear of the right ACL fibular collateral ligament sprain is granted.,Service connection for headaches is granted as the evidence is in approximate balance regarding whether the Veteran has a disability caused by his PTSD.,Service connection for TBI residuals is denied due to lack of competent and credible evidence showing causation.,A 30 percent rating for GERD since February 1, 2018 is granted.