Back / lumbar spine decisions — 2022

The Board denied service connection for back, left hip, right hip, and left ankle disabilities as the Veteran's claimed conditions were not shown to be related to his active duty service.

The Board has remanded the claims for increased ratings for lumbar spine, left ankle, and left wrist disabilities as well as the issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) prior to December 12, 2019. The case is being returned to the agency of original jurisdiction (AOJ) to obtain SSA records and provide a retrospective opinion regarding the Veteran's left ankle disability during flare-ups.

The Board has determined that new and relevant evidence has been received for the Veteran's previously denied claims of service connection for a low back disability and headaches. The matter is being remanded to allow the AOJ to readjudicate these claims, taking into consideration all of the evidence of record.

The Veteran's claims for increased ratings for hiatal hernia with GERD, lumbar strain with spinal stenosis, disc bulge, and spondylosis, left knee patellofemoral compartment and pain syndrome, right knee osteoarthritis with patella femoral pain syndrome are being remanded due to the need for additional examinations.

The Board has determined that the evidence is insufficient to decide the cervical spine and lumbar spine disability claims on appeal, and new medical opinions are needed.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person is granted. The Veteran's claim for service connection for urinary incontinence is remanded due to lack of recent MRI studies.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, and low back condition due to insufficient evidence in some cases.

The Veteran's service-connected thoracolumbar spine disability was found to not meet the criteria for a higher rating prior to August 18, 2021. Effective from that date, he is granted a 40% rating.

The Veteran's appeal is remanded due to the need for additional medical records and authorization from him to obtain these records. The Board will review the case again after this information has been obtained.

The Board has determined that the Veteran does not have a current diagnosis for hypertension. The claims of service connection for an acquired psychiatric disorder, bilateral hearing loss, tinnitus, low back condition, and right knee condition are remanded due to insufficient evidence.

The Veteran's degenerative arthritis of the thoracolumbar spine with spondylolisthesis is rated at 40 percent since September 1, 2009. The Board found that this rating adequately reflects his disability picture.

The Board has remanded the Veteran's claims for traumatic brain injury, chronic headaches, left ear hearing loss, chronic sinusitis, left elbow disability, middle back disability, low back disability, irritable bowel syndrome (IBS), dysentery, left hip disability, right hip disability, left knee disability, right knee disability, left lower extremity neuropathy, right lower extremity neuropathy, left foot disability, and right foot disability due to incomplete records from his National Guard service.

The Board has denied the Veteran's claims for service connection for lumbar spine multilevel disc disease and left hip osteoarthritis as secondary to his service-connected right knee osteoarthritis due to lack of evidence showing a causal relationship.

The Board has remanded the case due to inadequate examination reports and missing medical records. The Veteran's claim for a higher rating for his service-connected low back condition is now pending.

The Board has determined that additional examinations are needed to assess the current nature and severity of the Veteran's bilateral hearing loss, low back disability (including radiculopathy), left shoulder disability, and right shoulder disability. The issues of entitlement to an initial compensable rating for bilateral hearing loss, service connection for low back disability, service connection for left shoulder disability, and service connection for right shoulder disability are all remanded.

The Board has remanded the Veteran's claims for service connection for a right knee disorder and a lower lumbar spine disorder, as secondary to coccydynia. The claims are currently under review.

The Veteran's service-connected disabilities, including a back disorder and diabetes, prevented him from obtaining and retaining substantially gainful employment prior to May 18, 2017.

The Board denied the Veteran's claims of service connection for a bilateral knee condition, kidney condition secondary to his knee condition, and back condition. The decision found that new evidence did not establish a current disability or link it to service.

The Veteran's appeal is partially granted with increased ratings for his lumbar spine disability and associated radiculopathy. The issues of right knee disability, TDIU, left hip disability as secondary to service-connected conditions, and increased ratings for lower extremity radiculopathies are remanded.