Back / lumbar spine decisions — 2022

The Veteran's acquired psychiatric disability is granted as service connection due to the evidence being at least in equipoise that it is related to her active military service.,The Veteran's lumbar spine disability is granted as service connection due to the evidence being at least in equipoise that it is related to her active military service.

The Board has remanded the Veteran's claims for increased ratings due to incomplete VA records and inadequate examinations. The issues include right wrist condition, back condition, bilateral lower extremity radiculopathy, and sciatic nerve radiculopathy.

The Board has denied service connection for TMJ disorder with bruxism and remanded the issues of a compensable disability rating for chorioretinal scar of the left eye, a disability rating in excess of 10 percent for degenerative disc disease of the lumbar spine prior to October 5, 2017, a disability rating in excess of 10 percent for residuals of chip fracture of the right ankle, and a disability rating in excess of 10 percent for degenerative joint disease of the left ankle.

The Veteran's service-connected disabilities result in the need for aid and attendance, as he requires assistance with bathing and toileting due to his service-connected lumbar spine disorder.

The Board dismissed the appeal as to service connection for gastroesophageal reflux disease and an increased rating for lumbar spine disability due to the appellant's withdrawal of the appeal.

The Board denied service connection for right knee, left knee, and back disorders as well as diabetes mellitus due to lack of evidence showing chronicity in service or within the applicable presumptive period.,Service connection was also not granted for an initial rating in excess of 10 percent prior to December 14, 2021, for bilateral hearing loss disability.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as there is no evidence showing that his service-connected conditions render him unable to secure or follow substantially gainful employment.

The Veteran's tinnitus was present during service and has a continuity of symptomatology since service. The claim for service connection for tinnitus is granted.,Service connection for left ear hearing loss, right ear hearing loss, back disability, neck disability, left shoulder disability, right shoulder disability, right elbow disability, right shin disability (shin splints), and left shin disability (shin splints) are remanded as the VA examination opinion is inadequate.,Service connection for DM is remanded as there is insufficient evidence to determine its onset during service or if it is related to any in-service exposure. Service connection for an eye disability is also remanded due to potential relationship with DM.,Service connection for an acquired psychiatric disability is remanded as the Veteran's lay statements provide sufficient evidence of a nexus between his military police duties and his current mental health conditions.

The Board has determined that the remand directives were not substantially complied with, and thus, a new VA examination is needed to address whether the Veteran's thoracolumbar spine disability is congenital in nature and if it is related to his service. The issues of bilateral lower extremity sciatica are also being remanded for an opinion on their relationship to the thoracolumbar spine disability.

The Board has found that there has not been substantial compliance with the remand for additional development and thus, the case is being returned to the RO for further action.

The Board has granted service connection for the Veteran's right ankle disorder and low back disorder, finding that both conditions are related to his active duty service.

The Board has remanded the claims for VA examinations to determine the severity of the Veteran's low back and right knee disabilities, as well as his entitlement to a TDIU. The issues have been remanded again due to inadequate examination reports.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a thoracolumbar spine disability and for a compensable evaluation for bilateral plantar warts. The VA examinations were inadequate, and further evaluations are required to determine the nature and etiology of the Veteran's disabilities.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,Service connection will be considered on the merits for all conditions listed.

The Veteran's service-connected disabilities, including PTSD, cervical strain, lumbar spondylosis with degenerative disc disease, and radiculopathy of the left lower extremities, have prevented him from securing and following a substantially gainful occupation prior to May 29, 2013. The Board granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.

The Board has granted service connection for the Veteran's lumbosacral spine disability, finding that it was caused and aggravated by his military training.

The Veteran's TDIU and SMC claims are granted due to service-connected lumbar spine disability, with additional service-connected disabilities independently rated at 60 percent or more.

Your claim for service connection for a back disorder has been fully granted in a previous rating decision, so your appeal is dismissed as moot.

The Board has granted service connection for lumbar degenerative disc disease, headaches, and cervical spine degenerative disc disease. The evidence is in relative equipoise as to whether these disabilities are related to the Veteran's military service.

The Veteran withdrew their appeals for increased disability ratings in excess of 40 percent for arthralgia of the lumbosacral spine and for a bilateral hearing loss.