Back / lumbar spine decisions — 2022

The Veteran's appeals for increased ratings on multiple service-connected conditions have been dismissed due to the Veteran withdrawing his appeal of these issues during a Board hearing. The Veteran was granted an initial rating of 10 percent for right knee osteoarthritis and patellofemoral syndrome, but no higher, from December 31, 2013.

The Board has remanded the claims for service connection for lower back condition, stomach condition, left knee condition, migraine headaches, GERD, and hypertension due to current diagnoses and credible testimony of in-service symptoms.,Service connection is not granted as there are no diagnosed conditions.

The Veteran's lumbosacral strain with degenerative disc disease was granted a 40% rating from October 3, 2017 onwards. Prior to this date, the condition did not meet criteria for a higher rating.

The Board has decided to remand the cases of service connection for a back disability, neck disability, and right shoulder disability due to the need for additional development. The TDIU claim is also remanded as it is inextricably intertwined with the service connection claims.

The Veteran's lumbar spine strain was rated at 10 percent prior to June 17, 2016. The Board found that the evidence did not support a higher rating as there were no findings of forward flexion less than 30 degrees or combined range of motion greater than 120 degrees.

The Board has remanded the cases for further review due to new evidence being added by the AOJ. The Veteran and his representative have not waived AOJ consideration of this additional evidence.

The Board has granted service connection for the Veteran's right shoulder condition, left shoulder condition, cervical spine condition, and lumbosacral strain condition. Secondary service connection is also granted for bilateral lower extremity radiculopathy and right upper extremity radiculopathy.

The Board has decided to remand the case due to inadequate VA examinations and a lack of an adequate examination for the Veteran's lower back pain.

The Veteran has requested to withdraw the appeal regarding his TDIU claim, and as a result, the Board dismisses this case.

The Board has dismissed the Veteran's claims of service connection for a lumbar spine disability and a compensable rating for bilateral hearing loss due to his death.

The Board has decided to remand the case due to the need for a VA examination and medical opinion regarding the etiology of the Veteran's back condition.

The Veteran's hypertension, erectile dysfunction, diabetes mellitus, type II, asthma, sleep apnea, heart disability, and low back disability were not shown as chronic in service or within the applicable presumptive period. The evidence does not establish continuity of symptomatology for any of these conditions.,While the Veteran reported symptoms shortly after discharge from service, there is no medical evidence showing pertinent symptomatology until many years after separation.

The Board has determined that the Veteran's claims for service connection for a chronic lumbar spine disorder, gastric disorder (GERD), and an acquired psychiatric disorder are not supported by the evidence of record. The case is being remanded to obtain additional medical opinions regarding these conditions.

The Veteran's hypertension is granted as service-connected due to presumed exposure to herbicide agents during Vietnam service.,Service connection for COPD and bilateral lumbar radiculopathy with left foot drop are denied because the evidence does not support a link between these conditions and service, including presumed herbicide agent exposure.,The Veteran's heart disability is granted as 100% disabling prior to March 18, 2014.

The Board has granted service connection for the Veteran's right knee and low back disorders, finding that these conditions are secondary to his service-connected right ankle disorder.

The Veteran's claim for a higher rating for his degenerative joint disease of the lumbosacral spine was denied. Prior to October 18, 2019, he did not meet the criteria for a disability rating in excess of 10 percent. Since October 18, 2019, he does not meet the criteria for a disability rating in excess of 40 percent.

The Board has determined that the Veteran's claims for service connection and increased rating are remanded due to insufficient medical evidence. The effective date of service connection for cervical strain is denied as it does not meet the criteria.

The Veteran's appeal is being remanded due to procedural issues, specifically the use of an improper form for filing a notice of disagreement. The AOJ will issue a statement of the case (SOC) addressing his claims for service connection for mental health disorder other than insomnia disorder, initial evaluation in excess of 10 percent for degenerative arthritis of the lumbar spine, and initial compensable evaluation for ingrown toenail.

The Board has remanded the case for further development due to inadequate compliance with previous remands. The Veteran's right-hand disability is being considered on the basis of aggravation, and a new medical opinion is needed to determine if it was permanently aggravated by his May 1995 injury.

The Board has remanded the case due to an inadequate October 2014 VA examination, which did not discuss additional functional impairment prior to June 13, 2014. The Veteran needs a new VA examination to address this issue.