Back / lumbar spine decisions — 2022

The Veteran's right ankle disability is granted as service-connected. The low back, left lower extremity sciatica, and right lower extremity sciatica claims are denied.

The Board has remanded the case due to a lack of reported symptoms during service and the need for an addendum opinion regarding the Veteran's lay account of continuous low back symptoms.

The Board has granted service connection for a thoracolumbar spine disability and radiculopathy of the left lower extremity, both diagnosed as degenerative disc disease. The Veteran's thoracolumbar spine disability is presumed to have been incurred in service due to an injury during active duty.

The Board dismissed the appeals for higher initial rating for right hand thumb strain, service connection for right and left leg shin splints, and service connection for a skin disorder. The appeals for reopening service connection for right ear hearing loss, left ear hearing loss, and tinnitus were granted. Service connection was denied for headache disorder, lumbar spine disorder, left shoulder disorder, left ankle disorder, and sinusitis.

The Board denied service connection for a right knee disability and a low back disability, finding that the disabilities did not have onset during service or manifest to a compensable degree within one year of separation. The evidence did not support a nexus between these conditions and service.

The Board has remanded the claim for a low back disability due to incomplete development and lack of an opinion based on the record. The AOJ must ensure that all requested actions are completed.

The Board has decided to remand the case due to insufficient consideration of lay evidence and need for a new examination.

The Veteran's TDIU claim is remanded due to the need for a new VA examination and consideration of an extraschedular TDIU based on his service-connected back disability.

The Board has remanded the Veteran's claims for service connection for various hip, neck, back, shoulder, elbow, and ankle disabilities due to credible testimony of in-service injuries sustained during combat duty. The claims are being returned for further development.

The Board has determined that the Veteran's claims for service connection of his back, left shoulder, and right ankle disabilities are remanded due to incomplete medical records. The VA will obtain relevant treatment records and personnel files from the Tennessee National Guard.

The Veteran's tinnitus is granted as service-connected due to noise exposure during active duty.,Service connection for a disability manifested by photosensitivity in the eyes, left eye disability, bilateral hearing loss, and left ear swelling are denied. The Veteran has not been diagnosed with these conditions at any time related to his military service.

The Board has remanded the issues of service connection for bilateral hearing loss, venous stasis skin changes, left lower leg, and an acquired psychiatric disorder (including PTSD, schizoaffective disorder, depressive disorder, substance abuse) due to insufficient evidence or procedural errors. The Veteran's claims are not yet decided.

The Board has remanded the Veteran's claims of service connection for a bilateral knee disorder, lumbar spine disorder, hypertension, and an acquired psychiatric disorder due to lack of VA examination and incomplete medical records. The Veteran is also seeking TDIU based on these issues.

The Board has remanded the Veteran's claims for service connection for left shoulder and low back disabilities due to conflicting medical opinions and lack of definitive evidence.

The Veteran's claim for an annual clothing allowance due to his back brace is denied because the brace does not cause wear and tear on clothing, as determined by VA.

The Veteran's appeal is remanded for a new opinion regarding the etiology of her acquired psychiatric disability, to include major depressive disorder. The Board also finds that service connection for an acquired psychiatric disability should be granted as new and material evidence has been submitted.

The Veteran's appeal of service connection for residuals of a TBI is dismissed. The Board has also remanded the issues of increased ratings for panic disorder and lumbosacral strain.

The Board has remanded the Veteran's claims for service connection and TDIU due to unresolved medical opinions regarding his left knee disorder and low back disorder. The claims will be reviewed again with new evidence considered.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and failure to address his lay statements. The claims are related to generalized joint pain, obstructive sleep apnea, a back condition, and a respiratory condition.