Back / lumbar spine decisions — 2022

The Board has granted a 40 percent disability rating for the Veteran's low back disability, but additional development is needed on claims for Parkinson's disease, left knee and bilateral hip disabilities, as well as TDIU prior to August 29, 2019.

The Board has determined that the VA examinations and opinions provided are inadequate for determining whether service connection is warranted for various disorders. The claims are therefore being remanded to obtain new medical opinions.

The Veteran's appeals for increased ratings in multiple conditions have been dismissed due to his withdrawal of the appeals.

The Board has decided to remand the Veteran's claims for service connection and temporary total evaluation due to hospital treatment or convalescence for his lumbar spine disorder. The case is being returned to the AOJ for further development.

The Veteran's lumbar spine disability, sleep apnea, hypertension, pes planus, and onychomycosis are all remanded for further development.

The Board has remanded the case due to issues with the service connection for a low back disability, specifically regarding whether it is proximately due to or aggravated by the service-connected bilateral knee strain. The Veteran's representative and VA Office of the General Counsel filed a Joint Motion to Remand (JMR) which vacated the May 2021 decision as it pertained to this issue.

The Veteran's appeals for increased ratings for his lumbosacral strain, intervertebral disc syndrome, and sciatic nerve radiculopathy have been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's service-connected disabilities, including lumbar spine disability, left knee and ankle disabilities, right knee and ankle disabilities, and right lower extremity radiculopathy of the sciatic nerve, are remanded for further evaluation due to assertions of worsening since previous examinations in 2018. The issues of increased ratings and TDIU are also remanded as they could significantly impact these decisions.

The Veteran's claim for a higher rating for his lumbar spine disability is being remanded due to the need for additional medical examination and opinion.

The Veteran's lumbar spine disability and associated left lower extremity radiculopathy are rated at 20 percent from August 9, 2010 to April 30, 2021.

The Veteran's claim for service connection for lumbosacral strain has been reopened due to the submission of new and material evidence. The case is now remanded for further evaluation.

The Board has remanded the claims for service connection for back, bilateral knee, and bilateral foot/ankle disorders due to inadequate VA medical opinions in previous decisions. The case is now pending again.

The Veteran's hypertension is granted as service-connected due to exposure to herbicide agents during his Vietnam service.,His left forearm, shoulder, and back disabilities are not found to be related to his military service.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional VA examinations to address the severity of his service-connected lumbar spine degenerative disc disease and right lower extremity sciatica, including flare-ups.

The Veteran's acquired psychiatric disorder is rated at 70 percent, effective October 30, 2013. The right ankle and low back conditions are remanded for further evaluation.

The Veteran's previously denied claims for low back, cervical spine, and respiratory disabilities have been reopened.,Service connection has been granted for dizziness due to undiagnosed illness and headaches. The Veteran's tinnitus claim is remanded as it requires further evidence regarding its onset during service.,Service connection was not established for bilateral hearing loss or Meniere's disease.

The Board has determined that additional development is necessary for the Veteran's claims of entitlement to an increased evaluation for residuals of a left ankle sprain and service connection for a lumbar spine disorder. The case will be remanded for further examination and opinion.

The Veteran's low back disability is rated at 30 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathy, as well as his back disability, were denied. The criteria for a rating greater than 20 percent for the right and left lower extremities prior to March 10, 2022, and after March 10, 2022, are not met. For the back disability, the criteria for a rating greater than 40 percent are also not met.

The Veteran's claim for an increased disability evaluation in excess of 10 percent prior to March 25, 2022, and in excess of 20 percent from March 25, 2022, for service-connected lumbosacral strain with scoliosis now with degenerative arthritis, and intervertebral disc syndrome (previously rated as lumbosacral strain with scoliosis) was denied. The Veteran's claim for service connection for migraine headaches is granted. Her claims for service connection for a neck disability are remanded.,The Board found that the evidence did not meet the criteria for an increased rating in excess of 10 percent prior to March 25, 2022, and in excess of 20 percent from March 25, 2022, due to lack of incapacitating episodes or limitation of motion. The Veteran's claims for service connection for migraine headaches and a neck disability are remanded.