Back / lumbar spine decisions — 2022

The Veteran's bilateral foot disorder and lumbar spine disability are not service-connected, with the exception of pes planus. The Board denied both conditions as they were not incurred or aggravated by military service.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's lumbar spine disability, right lower extremity radiculopathy, and obstructive sleep apnea. The claims are being held in abeyance until a new examination and medical opinion can be obtained.

The Veteran's thoracolumbar spine disability was rated at 20% from December 10, 2015 to August 6, 2020. From August 7, 2020, the rating was denied as it did not meet the criteria for a higher rating. The Veteran's claim for TDIU was also denied.

The Veteran's service-connected disabilities, including PTSD, did not render him unable to obtain and maintain a substantially gainful occupation before March 27, 2019. After that date, his non-PTSD disabilities also did not meet the criteria for TDIU.

The Board has decided to remand the case due to inadequate examination and opinion regarding the Veteran's lumbar spine disability. A new VA medical examination is required.

The Board has dismissed the claims for service connection of diabetes, bilateral feet disability, back disability, and allergic rhinitis due to the Veteran's death.

The Board denied the Veteran's claims for service connection for left knee and lumbar spine disabilities, finding that there was no evidence of in-service injury or chronic disability within a year of separation from service. The Board also found insufficient medical opinion to establish a nexus between current conditions and service.

The Veteran's degenerative disc disease of the thoracolumbar spine was not manifested by forward flexion limited to 30 degrees or less, resulting in a denial of an initial disability rating in excess of 20 percent for this time period.

The Board has remanded the cases due to issues with the credibility of the Veteran's lay statements regarding his in-service back and sleep issues, as well as the reliance on service treatment records. The VA examiner is asked to provide an addendum opinion addressing the likely etiology of the claimed conditions based on the credibility of the Veteran's statements.

The Board has remanded the Veteran's claims for service connection for back disability, sciatica of the left lower extremity, and sciatica of the right lower extremity due to incomplete compliance with prior remand directives. The case is being returned for further development.

The Board has decided to remand the Veteran's claims for back, left shoulder, and right shoulder disabilities due to inadequate examination opinions. Further development is needed.

The Veteran's thoracolumbar spine strain does not meet the criteria for a rating in excess of 20 percent.,The Veteran's cervical spine strain requires further examination to determine its current severity.

The Board has determined that the Veteran's chronic lumbosacral strain began during active service and granted service connection for this condition.

The Board has remanded the case due to inadequate examination and insufficient information regarding range of motion testing. A new VA examination is required.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of a chronic condition during or within one year after service and no medical opinion linking the current condition to service. The Board also found no secondary service connection based on aggravation by a service-connected right knee disability.

The Board has remanded the Veteran's claim for service connection for a lumbar spine disorder due to inadequate medical opinions that did not address the Veteran's lay statements of back pain since service discharge and required continuity of medical treatment, rather than symptoms. The case is now pending for further development.

The Board has remanded the Veteran's claims for service connection due to procedural issues, including a failure to issue a Statement of the Case (SOC).

The Veteran's service-connected degenerative disc disease and degenerative joint disease of the lumbosacral spine with spinal stenosis L3-4 and chronic thoracolumbar strain, as well as her right lower extremity radiculopathy of the sciatic nerve and femoral nerve, have not met the criteria for higher disability ratings. The Veteran's left lower extremity radiculopathy has also been denied.

The Veteran's claims for service connection and evaluations have been remanded due to the need for further development. The issues include seeking service connection for speech problems, evaluating limitation of extension of the right elbow, obtaining a higher evaluation for degenerative disc disease with spondylosis of the lumbar spine, and determining an appropriate evaluation for migraine headaches associated with PTSD and TBI.

The Board has remanded the Veteran's claims for service connection and TDIU due to incomplete examinations regarding his lumbar spine disorder. The Veteran needs a new examination to determine if his current conditions are related to his service.