Back / lumbar spine decisions — 2022

The Veteran's appeals for service connection for obstructive sleep apnea and insomnia have been dismissed. The Board has also remanded the issue of service connection for a lumbar spine disorder.

The Board has remanded the issues of entitlement to a disability rating in excess of 40 percent for a lumbar spine disability, entitlement to a separate compensable rating for any bowel or bladder impairment associated with the Veteran's lumbar spine disability, entitlement to a total disability rating based upon individual unemployability (TDIU), and entitlement to special monthly compensation (SMC).

The Board has dismissed the appeals regarding service connection for back and cervical spine disabilities prior to March 5, 2015 as they were fully resolved by a June 2020 rating decision that granted these conditions effective from those dates.

The Board has remanded the claims for service connection due to incomplete records and inadequate opinions regarding hypertension and cause of death. The appellant is seeking benefits related to the Veteran's service-connected anxiety disorder.

The Board has granted service connection for spasmodic torticollis and cervical spondylosis, with cervical spine degenerative disc disease (DDD), finding that the Veteran's neck disability was caused by her prescribed use of Compazine during active service.,Service connection has also been granted for cervicogenic dizziness as secondary to the Veteran's spasmodic torticollis.

The Veteran's claim for a disability rating in excess of 40 percent for his service-connected lumbar spine disability was denied. The Board remanded the issue to provide additional medical opinions addressing the Veteran's condition.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions.

The Board has remanded the claims for higher ratings and effective dates due to a need for additional examinations and information.

The Board has granted service connection for the Veteran's low back degenerative arthritis, finding that it is at least as likely as not related to a motor vehicle accident during active duty service.

The Veteran's claim for increased ratings for various back, knee, and ankle disabilities was denied. The rating for right lower extremity radiculopathy was granted at a 20% level effective from August 6, 2020.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's current lumbosacral spine disability. The examiner must consider specific service treatment records, lay statements, and how the reported symptoms align with known development of the condition.

The Board has remanded the Veteran's claims for diabetic retinopathy, gastroesophageal reflux disease (GERD), degenerative arthritis of the lumbar spine, left hip condition, and right hip condition due to service-connected frostbite. The issues are being remanded for further development including obtaining medical records and arranging a VA examination.

The Board has decided to remand the Veteran's claims for service connection due to new evidence received after the May 2017 SOC. The AOJ must review all additional VA treatment records and consider them in their decision.

The Veteran's claim for increased ratings for thoracolumbar degenerative joint disease with muscle spasm (low back condition) has been dismissed as the appellant requested withdrawal of the claim.

The Board has remanded the cases for further development and examination due to new evidence and testimony.

The Veteran's radiculopathy of the right lower extremity is rated at 10% and restored. The Veteran's osteoarthritis and degenerative disc disease of the thoracolumbar spine are currently rated at 10%. These ratings are denied.

The Veteran's rating for chronic low back strain with spondylosis was restored from 10% to 20%. The claim for a higher rating and TDIU were denied.

The Board has decided to remand the cases for further examination and opinion regarding service connection for lower back condition and right knee osteoarthritis.

The Board has denied the Veteran's claims of service connection for lumbar spine, left knee, and right knee disabilities. The evidence does not support a finding that these conditions began during active service or are related to an in-service injury.

The Board has remanded the Veteran's claims for service connection due to missing service treatment records. The AOJ is required to attempt to obtain these records and notify the Veteran if they cannot be located.