Back / lumbar spine decisions — 2022

The Board has dismissed the appeal regarding the left knee scars and has remanded several other issues for further review.

The Veteran's tinnitus and bilateral hearing loss have been granted service connection.,Service connection for low back disability is remanded due to lack of a clear etiology opinion.

The Board has dismissed the Veteran's appeal for service connection of a right ankle disability. The claim for an increased rating for bilateral hearing loss remains denied, and the claims for service connection of back disability and depression are remanded due to a duty to assist error.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors and insufficient medical opinions. The issues of service connection for a back disability, migraines, and hypertension must be addressed again with new evidence or clarification.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claim for service connection for a low back disability. However, the claims for obstructive sleep apnea and peripheral arterial disease have been remanded due to procedural issues.

The Board has denied the Veteran's claims for service connection for a lower back disability, left and right lower extremity radiculopathy, and high sugar or diabetes mellitus. The evidence does not support a finding that these conditions are related to service.,There is no credible evidence of a current diagnosis of arthritis of the low back within one year of discharge from active duty, nor any evidence of continuity of symptoms since service.

The Board has remanded the case due to errors in the previous decision, including failing to provide an adequate reasons and bases for finding no continuous symptoms of arthritis prior to 2019. The Veteran's low back disability is being remanded for further examination and opinion.

The Board has determined that new and relevant evidence supports reopening the claims for cervical spine, lumbar spine, hemorrhoids, respiratory disorder, left ankle, and left foot disorders. These conditions are now subject to further evaluation.,The appeal as to these six issues is granted.

The Veteran's claim for an initial rating greater than 40 percent for thoracolumbar spine degenerative arthritis is denied.,The Veteran's claim for TDIU is granted.

The Veteran's left total knee replacement is rated at 60 percent disabling for the period prior to June 25, 2020. For the period from June 25, 2020 onward, a higher rating is denied.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claim for service connection for a low back disability. However, the claims for obstructive sleep apnea and peripheral arterial disease have been remanded due to procedural issues.

The Veteran's appeals for service connection for asbestosis, a higher disability rating for his left knee disability, and a higher disability rating for his lumbar spine disability have been dismissed due to the Veteran withdrawing all of his appeals.

The Veteran's disability ratings for post traumatic headaches and radiculopathy of the right lower extremity were not properly reduced, as there was no evidence showing improvement in his ability to function under ordinary conditions.

The Veteran's claim for special monthly compensation under 38 U.S.C. § 1114(m) is granted, as he has no effective function remaining in his bilateral lower extremities other than what would be equally well served by an amputation with use of a prosthetic appliance.

The Board has remanded the Veteran's claims of service connection for neck, back, and right hip disabilities due to an in-service fall. Additional development is needed including obtaining VA treatment records, non-VA medical records, and National Guard STRs.

The Board denied service connection for a back disorder, finding that the Veteran's current condition is not related to his military service and did not manifest within one year of separation.

The Board has remanded the Veteran's claims for left knee condition, right knee condition, and low back condition due to insufficient opinions regarding their relationship to service.

The Board has remanded the claims for additional development due to a lack of adequate nexus opinions regarding secondary service connection.

The Veteran's claims for various disabilities, including psoriasis and left eye visual acuity loss, are remanded due to the need for additional medical opinions.,The Veteran's service connection claim for residuals of a left index finger injury is also remanded as it may be related to his right knee disability.,The Veteran's TDIU claim is also remanded as it could impact other claims.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and a back disability due to incomplete development of evidence and need for further consideration.