Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for additional development due to inadequate reasons and bases in the August 2019 decision, including failure to define terms used in assessing radiculopathy and not having an opportunity to consider a Chavis v. McDonough decision.

The Veteran's back disability is rated at 20 percent, and the Board has determined that a higher rating is warranted. The case is being remanded for further examination to assess the current severity of his service-connected lower back disorder.

The Board is directed to address the Veteran's claim that his lumbar spine disability has been aggravated by his service-connected bilateral lower extremity neuropathy, and to schedule a VA examination for this purpose.

The Board has determined that further VA evaluations are needed due to the Veteran's reported worsening of her service-connected lumbosacral strain, right knee sprain, and migraine headaches. The appeals for increased ratings in these conditions have been remanded.

The Board has granted service connection for degenerative joint disease of the lumbar spine, finding that there is continuity of symptoms since service and a nexus to service.

The Veteran's claims for service connection for sinusitis, bilateral hearing loss, hypertension, and lumbar and thoracic spine disability have all been denied as the evidence does not support a finding of in-service incurrence or chronicity of these conditions.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for additional back, left shoulder, and neck disabilities caused by an MRI conducted at a VA facility in August 2014, finding no evidence of additional disability.

The Veteran's initial rating for IVDS of the lumbar spine prior to February 5, 2020 is denied as it does not meet the criteria for a higher than 10 percent rating. The appeal regarding the period after February 5, 2020 is remanded due to lack of compliance with VA examination requirements.

The Board has expanded the issues on appeal to include service connection for an acquired psychiatric disorder. The Veteran's claims are remanded due to missing medical records and a need for VA examinations.

The Veteran's right eye disability and bilateral tubal litigation are not service-connected due to dishonorable service.,The Veteran's residual scarring from a C-section is not service-connected due to dishonorable service.,Service connection for a right eye disability, bilateral tubal litigation, and residual scarring secondary to C-section is denied.,Service connection for a lumbar spine disability and left knee disability is remanded for further development.,Service connection for hypertension is remanded for further development.,An initial rating in excess of 30 percent for IBS and an initial rating in excess of 70 percent for PTSD are remanded for further development.,Total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded for further development.

The Board has remanded the claims of service connection for chronic fatigue syndrome, hypertension, back disability, and IBS due to a lack of issuance of a Statement of the Case (SOC).

The Board denied service connection for right ear hearing loss.,The Board denied entitlement to an initial compensable rating for lipomas, bilateral upper and lower extremities prior to January 12, 2022, and in excess of 10 percent thereafter.,The Board denied entitlement to a separate compensable rating for right upper extremity residual scars associated with lipomas.,The Board denied entitlement to a separate compensable rating for left upper extremity residual scars associated with lipomas.,The Board granted an initial rating of 20 percent, and no higher, for chronic lumbar strain with degenerative disc disease and spinal fusion prior to January 11, 2022.,The Board denied entitlement to an initial rating in excess of 40 percent for chronic lumbar strain with degenerative disc disease and spinal fusion from January 12, 2022.

The Veteran's appeal for a higher rating for her low back disability and entitlement to TDIU was denied. The Board found that the current 20 percent rating adequately reflects the severity of her symptoms, as there is no evidence of forward flexion of 30 degrees or less or ankylosis.

The Veteran's back disability, currently diagnosed as degenerative joint disease, status post lumbar laminectomy and herniated nucleus pulposus L4-L5-S1, is granted. The neurological disability of the upper and lower extremities is remanded for further examination.

The Board has remanded the Veteran's claims for service connection for back, neck, endometriosis, and hysterectomy disorders due to insufficient medical opinions regarding their etiology. The Veteran is seeking service connection for these conditions based on in-service events or exposure.

The Veteran's appeals for increased ratings and service connection were dismissed. A TDIU was granted.

The Board has remanded the claims for additional development due to the Veteran's failure to attend scheduled VA examinations. The examinations are needed to assess the current severity of her service-connected disabilities.

The Veteran's appeal for increased ratings and service connection has been addressed. The decision on the hearing loss rating is pending as new evidence may warrant a higher rating.

The Veteran is granted a TDIU and SMC based on housebound status from April 15, 2015 due to service-connected mental disorders and additional disabilities independently rated at 60% or more.

The Veteran's claim for an increased rating for service-connected degenerative disc disease of the lumbar spine is being remanded due to a need for additional development, including obtaining a VA examination.