Back / lumbar spine decisions — 2022

The Board has dismissed appeals for initial ratings and effective dates related to depression, anxiety, and a low back disability. The remaining issues of increased ratings for the low back disability and lower extremity radiculopathy, as well as service connection for upper extremity peripheral neuropathy, are being remanded.

The Board has decided to remand the claim for a low back disability due to further development, including obtaining an addendum opinion from a VA examiner.

The Board has decided to remand the Veteran's claim for a lumbar spine disorder due to insufficient medical opinions regarding the nature and etiology of his back condition. The case is being returned for further evaluation.

The Veteran's claims for bilateral eye disability, bilateral hearing loss, lumbar spine disability, right foot skin condition, and high blood pressure have been reopened. The issues are being remanded to the agency of original jurisdiction (AOJ) for further development.,Service connection has not been established for a scar in the lower right side due to kidney surgery or a scar in the posterior trunk.

The Veteran's application to reopen his claim for service connection of a back disability is granted. The Board has determined that the evidence received since the final October 1969 decision relates to an unestablished fact necessary to substantiate the claim and raises a reasonable possibility of substantiating the claim. Service connection for a psychiatric disability, to include substance abuse, remains remanded.

The Board has remanded the case due to insufficient evidence regarding the onset and etiology of the Veteran's low back disability, including a lack of formal findings for periods of active service, ACDUTRA, or INACDUTRA. The Veteran also contends that his current condition is related to flood duty during 2008 in Cedar Rapids.

The Board has determined that the remand is necessary to obtain updated medical opinions regarding the Veteran's claimed left foot condition, right foot condition, and back condition. The previous examination opinions are inadequate as they do not address the complete record of evidence, including the in-service STRs and the Veteran's lay statements.

The Veteran's low back disability was initially rated at 10% prior to April 4, 2016 and then increased to 20% from that date. His radiculopathy of the right lower extremity is currently rated at 20%, while his left lower extremity radiculopathy remains at a 10% rating.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's acquired psychiatric disorder, including an adjustment disorder with depression, is found to be etiologically related to his active duty service.,The Veteran's chronic low back pain syndrome is also found to be etiologically related to his active duty service.

The Veteran's appeal for service connection of a lumbar spine disorder has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this claim as they are no longer alive.

The Veteran's service-connected disabilities, including his PTSD and sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the combined effect of these conditions.

The Veteran's TDIU claim is remanded for referral to VA's Director of Compensation for consideration of whether a TDIU on an extraschedular basis under the provisions of 38 C.F.R. § 4.16(b) is warranted prior to January 12, 2015.

The Board has decided that the Veteran's left ankle disability warrants a 20 percent rating, but has remanded the issue of his lumbar spine disability for further examination and consideration.

The Veteran's lumbar spine disability was granted a 20 percent rating prior to February 28, 2012. A separate 10 percent rating for left knee instability is granted throughout the appeal period. The Veteran's claim for TDIU prior to October 12, 2005 is denied.

The Veteran's appeal for an increased evaluation for right knee patellofemoral syndrome was denied. The Board also remanded the issue of service connection for a low back disability.

The Board denied service connection for a back disability, bilateral carpal tunnel syndrome, peripheral neuropathy of the upper and lower extremities, and bilateral hip disabilities. The evidence did not establish that these conditions were incurred or aggravated by military service.,Service connection was denied as there is no medical evidence linking any current diagnoses to service.

The Board has determined that the Veteran's lumbar spine degenerative disc disease is at least as likely as not related to an in-service motor vehicle accident, and service connection for this condition is granted.

The Board has granted service connection for right ear sensorineural hearing loss, degenerative arthritis of the lumbar spine, degenerative arthritis of the right shoulder, and degenerative arthritis of the right knee. The claims were remanded for further development in one case.,Service connection was established for these conditions based on a finding that they are related to service due to exposure to acoustic trauma during active duty.

The Board has granted the Veteran's petition to reopen his claim of service connection for a low back disability and has determined that he is entitled to this benefit. The decision also finds that the current low back disability is related to his active military service.