Back / lumbar spine decisions — 2022

The Board has dismissed the claim for an earlier effective date of service connection for thoracolumbar spine degenerative arthritis due to the Veteran's withdrawal. The remaining issues are remanded for further development.

The Board has remanded the case due to insufficient medical evidence and the need for a retrospective opinion regarding the Veteran's thoracolumbar sprain throughout the period on appeal.

The Veteran's service-connected disabilities render him so helpless as to require the regular aid and attendance of another person, warranting entitlement to SMC at the aid and attendance rate.

The Board has granted service connection for liver disorder, to include hepatitis C. The issues of service connection for an acquired psychiatric disorder on a secondary basis, bilateral carpal tunnel syndrome, and low back disorder are remanded due to lack of substantial compliance with the September 2021 decision.

The Veteran's degenerative disc disease, lumbar spine, with degenerative arthritis and spinal stenosis was granted a rating of 40% prior to February 22, 2018, between February 22, 2018 and February 9, 2022, and since February 10, 2022.

The Veteran's initial ratings for back disability, left and right sciatic nerve radiculopathy, and right femoral nerve radiculopathy have been denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Veteran's claim for service connection for a low back disability has been reopened and will be reconsidered on the merits.,The Veteran's claims for service connection for right upper extremity radiculopathy, cervical spine disability, and sleep disorder have been remanded due to insufficient evidence addressing their etiology.,The Veteran's claim for service connection for a low back disability has been reopened and will be reconsidered on the merits.

The Board has remanded the issues of service connection for bilateral upper and lower extremity peripheral neuropathy.,Service connection is not granted for any of the claimed conditions.

The Veteran's back disability is being remanded for further examination and opinion to determine if it is related to her service-connected asthma or directly related to service. The examiner will also assess whether the current back condition was caused by a violent cough from an asthma flare-up in December 2012.

The Board has dismissed the Veteran's appeals for a rating in excess of 10 percent for right leg radiculopathy and for a total disability rating based on individual unemployability (TDIU) due to the withdrawal by the appellant and his attorney.

The Board has determined that new VA examinations are needed for the Veteran's claims of bilateral sensorineural hearing loss and lumbar spine disability due to conflicting evidence and testimony.

The Board has remanded the Veteran's claims for hypertension and low back disability due to inadequate examination findings, new evidence required, or need for additional development.

The Board has decided to remand several issues related to the Veteran's claims, including earlier effective dates and increased evaluations for his back disability and radiculopathy of the right lower extremity, as well as service connection for obstructive sleep apnea. The AOJ is instructed to review the additional evidence submitted by the Veteran.

The Veteran's appeals for increased ratings have been dismissed as he has withdrawn his appeal in a communication received in April 2022.

The Board has denied service connection for chronic fatigue syndrome and headache disability due to lack of a diagnosed condition.,Service connection is also denied for cervical spine, lumbosacral spine, left wrist, and sleep disorder disabilities as the evidence does not support their direct association with service.

The Board denied the Veteran's claim for TDIU benefits prior to December 9, 2016, finding that his service-connected disabilities did not prevent him from securing and following a substantially gainful occupation.

The Veteran is granted a schedular TDIU effective July 18, 2016. The Board also referred the claim to the Director for extraschedular consideration prior to that date.

The Board has dismissed the Veteran's appeals for entitlement to an initial compensable evaluation for atypical chest pain and entitlement to service connection for sleep apnea. The remaining issues of entitlement to increased ratings for left ankle disability, painful scar of the left lateral malleolus, linear scar of the left lower extremity, and lumbar spine disability as well as service connection for headaches are remanded for further development.

The Veteran's claim for a higher rating for his lumbar spine disability and right lower extremity radiculopathy is being remanded due to the need for further development.,Service connection has been granted for chronic headaches, but left lower extremity radiculopathy was previously granted during this appeal.

The Board has withdrawn the appeal of service connection for left ear hearing loss. Service connection is granted for lumbar spine condition, but the claims for headaches, IBS, a left knee condition, and bilateral lower extremity sciatic nerve pain are remanded due to procedural issues.