Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for service connection for back, right knee, and left knee disabilities due to inadequate VA examination opinions and the need for additional medical evidence.

The Veteran's service connection for a back disability, diagnosed as lumbosacral strain, was granted. Additionally, the Veteran received a 50 percent disability rating for pes planus with plantar fasciitis prior to March 22, 2022.,From March 22, 2022 onwards, the Veteran's request for a higher disability rating for pes planus with plantar fasciitis was denied.

The Board has found that the VA medical opinions obtained are inadequate and remanded for further development. The claims of service connection for a skin disorder, low back disorder, and right lower extremity disability (ruling nerve condition) are being remanded due to insufficient evidence.

The Board has decided to remand the Veteran's claims for low back disability and right hip degenerative joint disease and femoral acetabular impingement syndrome due to insufficient medical opinions addressing the etiology of his disabilities. The case is being returned to the AOJ for further development.

The Board found that the Veteran's right knee, right hip, left hip, and back disorders were not present in service or until years thereafter, they are not related to service or to an incident of service origin, and they are not caused or aggravated by a service-connected disability.

The Board denied service connection for degenerative disc disease of L4-5 and L5-S1, finding that the Veteran's current disability is not related to an in-service injury or event.,The Board also denied service connection for left shoulder impingement syndrome, concluding that there was no evidence linking the condition to an in-service injury or event.

The Board has remanded several issues related to the Veteran's service connection claims due to insufficient examination reports and unanswered contentions. The issues include lumbar disability, bilateral lower extremity disabilities, erectile dysfunction, left arm disability, right shoulder disability, and obstructive sleep apnea (OSA).

The Board has remanded the Veteran's claims for service connection for back and shoulder disabilities due to inadequate nexus opinions provided by VA examiners. The Veteran is seeking service connection based on in-service parachute jumps, physical training, and a pre-existing neck disability.

The Veteran's lumbar spine condition is currently rated at 20 percent, and his right ankle condition is also rated at 20 percent. Both conditions are remanded for further development.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to September 17, 2020. Therefore, the claim for TDIU on an extraschedular basis is denied.

The Board has remanded the Veteran's claims for service connection for various disorders, including hip, ankle, foot, and neck conditions. The appeal is pending until all outstanding records are obtained.

The Board has granted service connection for thoracic spine degenerative disc disease with osteophyte formation and facet joint and ligament flavum hypertrophy, but the appeal for cervical spine disability remains pending.

The Board has granted service connection for a lower back disorder and a left shoulder disorder, finding that the evidence is in approximate balance as to whether the Veteran experienced these conditions since active service.,Service connection was also granted for an acquired psychiatric disorder (specifically adjustment disorder), with no effective date assigned due to lack of prior unadjudicated claims.

The Veteran's request to reopen the claim of service connection for an eyesight/vision disability was denied as no new and material evidence had been submitted.,The Veteran's request to reopen the claims of service connection for esophageal disability and back disability were granted, with the latter being remanded due to insufficient evidence linking the disabilities to service.

The Veteran's service connection claims for degenerative arthritis of the lumbar spine, degenerative disc disease, and stenosis are granted. Claims for diverticulitis, diabetes mellitus, flat feet (pes planus), traumatic brain injury, right upper extremity carpal tunnel syndrome, left upper extremity carpal tunnel syndrome, sleep apnea, hypertension, a right-hand condition, a left-hand condition, TBI residuals of headaches, loss of taste and smell, and dizziness are denied. The Veteran is granted a 10 percent disability rating for TMJ prior to November 18, 2020.

The Board has remanded the claims for service connection for low back and right hip disorders due to outstanding private medical records needing to be obtained, new VA examinations needed, and a new VA examination for bilateral hearing loss.

The Board has remanded the claims for a rating in excess of 40 percent for a back disability and for TDIU due to issues with the adequacy of the January 2020 VA examination, confusion regarding representation, and need for updated treatment records.

The Board has remanded the case for additional development due to issues related to the Veteran's service-connected back disability, including a need for an updated VA examination and consideration of functional impairment.

The Board has remanded the Veteran's claims of service connection for bilateral hearing loss disability and low back disorder due to incomplete information regarding her periods of active duty, inactive duty training, and ACDUTRA. The AOJ is instructed to verify these dates and obtain addendum opinions on whether the conditions are related to service.

The Board has remanded the Veteran's claims for low back disability and sleep apnea due to insufficient opinions regarding the onset of these conditions during service. The VA must obtain additional medical evidence and provide a new opinion on whether the disabilities are related to service.