Back / lumbar spine decisions — 2022

The Veteran withdrew his appeals to reopen the previously denied claims for service connection for sleep apnea and for service connection claims for low back pain, left knee patellofemoral syndrome, and tinnitus.

The Board denied an increased rating for the Veteran's lumbar spine disability, finding that her range of motion did not meet criteria for a higher rating based on functional loss due to flare-ups or other factors.

The Veteran's hypertension claim is denied as there is no evidence of diastolic pressure predominantly 100 mm/Hg or more, systolic pressure predominantly 160 mm/Hg or more, or a history of diastolic pressure predominantly 100 mm/Hg or more requiring continuous medication for control.,The Veteran's knee disabilities and radiculopathy claims are remanded as the effective date prior to November 28, 2014, is not established in the record.,The Veteran's hypothyroidism claim is remanded as there is no evidence of a compensable rating for PSVT.,The Veteran's cervical spine and thoracic/lumbar spine claims are remanded as there is no evidence of entitlement to an increased rating.

The Board denied an increased rating for the Veteran's lumbar spine disability, finding that it did not meet the criteria for a higher rating due to lack of unfavorable ankylosis.

The Board has determined that the Veteran's claims for service connection are remanded due to a lack of VA examinations and outstanding treatment records. The Veteran is also being asked to provide releases for any correctional facilities where he was incarcerated, as these records may contain relevant information.

The Board has decided to remand the case due to insufficient findings and inadequate medical opinions regarding the Veteran's lumbar spine disability. The matter is being returned for further development.

The Veteran's claim for an effective date earlier than January 13, 2014 for the award of service connection for impairment of the upper radicular group of the right upper extremity, impairment of the sciatic nerve of the right lower extremity, and impairment of the sciatic nerve of the left lower extremity was granted.,The Veteran's claim for an effective date earlier than February 25, 2013 for a 20 percent rating for degenerative disc disease of the cervical spine was granted.

The Veteran's allergic rhinitis is not shown to meet the criteria for a compensable rating.,For his lumbar spine strain with degenerative disc disease, the evidence does not support an increased rating prior to February 28, 2022. However, from that date forward, he is entitled to a 20 percent rating.,The Veteran's left knee disability warrants a 10 percent rating from January 1, 2015, to December 15, 2017. From December 15, 2017, his right and left knee instability each warrant a separate 10 percent rating.,The Veteran's left knee instability is not shown to meet the criteria for an increased rating from December 15, 2017.

The Veteran's COPD is caused by his service-connected fibrocystic lung disease, and the claim for service connection for COPD as secondary to service-connected fibrocystic lung disease is granted. The initial rating for lumbosacral strain with degenerative arthritis and spinal stenosis remains at 40 percent.

The Board has remanded the claims for a higher rating for spondylosis of the thoracolumbar spine, service connection for Parkinson's Disease with restless leg syndrome, skin cancer, acne, rosacea, hypogonadism, pulmonary anomaly, and sinusitis due to exposure to herbicides. The Veteran is requested to provide additional medical opinions regarding these claims.

The Veteran's appeals for pneumonia, chronic fatigue syndrome, fibromyalgia, and hemorrhoids have been dismissed. The appeal to reopen his psychiatric disorder claim has been granted. The remaining claims are remanded due to new evidence.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding the Veteran's lumbar spine disability and its functional limitations during flare-ups.

The Board has remanded the Veteran's claims of service connection for a lumbar spine disorder and left knee disorder due to inadequate examinations, insufficient reasons and bases for the denials, and outstanding private records that need to be obtained.

The Veteran's claims for increased ratings of his low back disability, right knee instability, and left knee instability were denied. The Board found that the evidence did not support a higher rating based on limitation of motion or ankylosis.

The Board has denied a higher initial evaluation for the Veteran's service-connected lumbar spine posterior facet degenerative changes, finding that the evidence does not support a rating in excess of 20 percent.

The Veteran's claims for increased ratings for scars, hypertension, and GERD are being remanded due to the need for additional development including VA examinations.

The Board has remanded the claim due to lack of substantial compliance with previous remand directives, specifically obtaining VA medical opinions. The Veteran's failure to report for a scheduled examination does not relieve the AOJ of its obligation to provide these opinions.

The Board has remanded the cases due to inadequate reasons and bases in addressing whether the Veteran was entitled to service connection for lumbar spine disorder and bilateral foot disorder. The case is now pending with VA examinations.

The Board has granted service connection for a back condition, finding that the Veteran's current disability is etiologically linked to his active-duty service. The claim was reopened due to new and material evidence submitted since the prior final decision.

The Veteran's increased rating claims and claim for service connection for an acquired psychiatric disorder are remanded due to the need for new VA examinations. The TDIU claim is also remanded as it may be impacted by these other claims.