Back / lumbar spine decisions — 2022

The Board has determined that the Veteran's degenerative disc disease of the back is at least as likely as not aggravated by his congenital spondylolisthesis during service, thus granting service connection for this condition.

The Board has remanded the Veteran's claims for service connection for concussion, migraine headaches, and a back condition due to the need for additional examinations and consideration of the Veteran's lay testimony and assertions.

The Veteran's service-connected disabilities, particularly his back and bilateral lower peripheral nerve disabilities, coupled with his educational/training background and employment history, precluded him from securing and following any substantially gainful employment. The Board finds that entitlement to TDIU is warranted.

The Board has remanded the Veteran's claims for service connection for various foot, back, leg, and hip disorders due to concerns about incomplete medical records and the need for a VA examination.

The Veteran's claim for service connection of a right foot disorder has been reopened. His bilateral hearing loss is found to be related to his military service. The claims for back disability and right foot disorder are remanded due to the need for further medical examination.

The Veteran's claim for SMC based on the need for aid and attendance was denied as he did not meet the criteria for such benefits due to his service-connected disabilities. The Board found that the Veteran did not have anatomical loss or use of both feet, nor was he blind in both eyes, permanently bedridden, or so helpless as to be in need of regular aid and assistance from another person.

The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the appeal.

The Board has remanded the cases for additional development and medical opinions. The Veteran's bilateral hearing loss is granted as service-connected, but his right wrist disorder, back disorder, and COPD are not yet determined.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions. The issues include heart disability, acquired psychiatric disorder, back disability, kidney disability, urinary disability, right leg muscle disability, esophageal/gastrointestinal disability, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and right ankle scar.

The Board has decided to remand the case due to the need for additional VA medical records and a new opinion. The Veteran's claim for service connection for a low back disorder is still pending.

The Board has remanded the claims for service connection for a back disorder and a right shoulder disorder due to the Veteran's unavailability for VA examinations. The issues are being returned for further development.

The Board has remanded the Veteran's claims for service connection due to non-compliance with previous remand directives and incomplete service treatment records. The case will be returned for further development.

The Veteran's claims for service connection for left knee, left hip, and left shoulder conditions have been granted. The claim for service connection for lumbar spine condition has also been granted.

The Board denied service connection for lumbar and cervical spine conditions, finding that the current diagnoses are not related to military service.

The Veteran's initial rating for his service-connected lumbar spine disability is granted at a 40 percent evaluation, effective from the entire appeal period prior to February 1, 2022. From February 1, 2022, an increased rating greater than 40 percent is denied.

The Board has remanded the claims for service connection for lumbosacral spine and right hip disabilities due to a motor vehicle accident during active service. The Veteran's representative is asked to provide lay statements from witnesses who may have observed or heard about the MVA, injuries, and treatment.

The Veteran's degenerative arthritis and degenerative disc disease with left radiculopathy of the lumbar spine are granted as service connected. The issue of a cervical strain with radiculopathy (claimed as a neck condition) is remanded, and the TDIU claim is also remanded.

The Veteran's low back disability is rated at 40 percent, effective May 24, 2017. The Board finds that a higher rating of 40 percent is warranted for the Veteran's low back disability.,The Veteran has been found to be unemployable due to his service-connected low back disability and related radiculopathy conditions. A TDIU rating is granted.,For the lower extremity radiculopathies, a higher rating than 10 percent for left lower extremity radiculopathy and a higher rating than 20 percent for right lower extremity radiculopathy are remanded.

The Board has decided to remand the Veteran's claims for service connection for a bilateral eye disorder and a back disorder due to potential missing records, including SSA records and private treatment records. The VA will also request these records.

The Board has remanded the Veteran's claims for hypertension, rheumatic arthritis, and back disability due to insufficient development. The Veteran must provide additional evidence or undergo further examination.