Back / lumbar spine decisions — 2022

The Veteran's bilateral hearing loss and tinnitus disabilities are granted effective May 8, 2000. The back disability is denied as not related to service.

The Board has denied the Veteran's claims for service connection for a right leg disability, back disability (secondary to left great toe disability), and left hip disability (secondary to right foot disability). The appeal is remanded for further development.

The Board has remanded several issues related to the Veteran's claims, including TBI, lumbar strain, bilateral hearing loss, right and left knee disabilities, and need for regular aid and attendance. The matters are being returned to the RO for further development.

The Board has determined that new and material evidence was not received to reopen the Veteran's claims for service connection for bilateral knee, shoulder, cervical spine, lumbar spine, and pes planus disorders. The previous denials were based on a lack of current disabilities related to military service.

The Veteran's service-connected PTSD, lumbar spine disorder, and radiculopathy do not meet the criteria for a TDIU on an extraschedular basis.

The Board has reopened the claim for service connection for Parkinson's disease due to new and material evidence, but has remanded the claims for service connection for a back condition and depression due to insufficient medical opinions. The Veteran was struck by a model airplane/drone in his mid-back during service.

The Veteran's low back condition has worsened, and a VA examination is needed to assess the current severity of his service-connected low back condition.

The Board has ordered the VA to obtain additional private treatment records from Tricare Prime and any other relevant records. The Veteran's claims for higher disability ratings are being remanded for further development.

The Board has ordered additional development for the Veteran's claims of service connection for hypertension, bilateral knee disorder, lumbar spine disorder, and cervical spine disorder due to inadequate medical opinions and incomplete records. The AOJ is tasked with compiling a complete list of verified periods of service and scheduling VA examinations.

The Veteran's claim for an increased rating of 40 percent for degenerative arthritis of the lumbar spine prior to February 27, 2020 was granted.,The Veteran's claim for an increased rating in excess of 40 percent for degenerative arthritis of the lumbar spine from February 27, 2020 was denied.,The Veteran's claim for TDIU was denied.

The Veteran's appeal is remanded for additional development to obtain treatment records, conduct examinations, and provide opinions regarding the severity of his service-connected conditions and their relationship to in-service noise exposure.

The Veteran's MDD is found to be secondary to his service-connected PTSD, and the claim for service connection of MDD is granted. The Veteran's back disability (claimed as lumbar radiculopathy) is also granted due to its being related to his service-connected PTSD.

The Board has granted service connection for a low back condition, finding that the Veteran's current condition is related to an in-service injury.

The Board has remanded the Veteran's claims of service connection for low back disability, respiratory condition, hypertension, and prostate disability due to lack of VA medical records and potential private treatment records.

The Board has remanded the claims of service connection for cervical spine disability, lumbar spine disability, and bilateral lower extremity disabilities due to inadequate opinions in the VA examination reports.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to service or secondary to his service-connected disabilities. The examiner must address these issues and provide a rationale for their conclusions.

The Board has denied the Veteran's claims for service connection for low back disorder, right lower extremity nerve disorder (claimed as neuropathy), right knee disability, left knee disability, and anxiety. The evidence does not support a current diagnosis of these conditions.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board has remanded to determine if a higher rating is warranted due to increased pain and functional loss.

The Veteran's rating for his lumbar spine disability was restored from 10% to 20%. The Board found the reduction improper and granted a higher rating of 20%.

Service connection for allergies is granted, and a 40% evaluation for a lumbar spine disability beginning March 29, 2022 is granted. The Veteran's left lower extremity radiculopathy remains at a 10% rating.,The Veteran's right lower extremity radiculopathy continues to be rated as non-compensable.