Back / lumbar spine decisions — 2022

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current back and neck disability is related to his in-service complaints of back pain. The examiner must provide an opinion on this issue.

The Veteran's lumbar spine disability is being remanded for a retrospective medical opinion to determine its severity from January 2016 through August 4, 2021.

The Board has remanded the case due to an inadequate January 2021 VA examination and because service connection for thoracolumbar spine disorder is reasonably raised as secondary to service-connected cervical spine disorder and/or chronic left shoulder strain.

The Board has remanded multiple issues related to the Veteran's service connection claims, reduction in rating for prostate cancer, and other disability ratings. The specific issues include low back disability, peripheral neuropathy of upper and lower extremities, sleep apnea, cardiovascular disabilities, PTSD, TDIU, SMC at housebound rate, and Dependents' Education Assistance.

The Board has remanded the claims for cervical and lumbosacral strain, as well as service connection for various spinal conditions and radiculopathies. Additional development is required to address the issues on appeal.

The Veteran's VR&E benefits were previously terminated due to the expiration of his eligibility period. The Board has decided to remand this matter for further evaluation and determination of whether he currently has a serious employment handicap, which could potentially extend his eligibility.

The Board has remanded several claims for additional development, including obtaining missing service records and verifying alleged exposure to chemicals. The Veteran's conditions include gastroesophageal disorder (GERD), obstructive sleep apnea, low back disorder, left ankle disorder, right ankle disorder, neck disorder, right shoulder disorder, and residuals of a head injury.

The Board denied the Veteran's claims for service connection for various conditions, including hypertension, diabetes mellitus, a right leg disorder (snake bite), low back disorder, gout, left ear hearing loss, right ear hearing loss, tinnitus, major depressive disorder, and migraine headaches. The reasons given were that there was no evidence of these conditions in service or within one year of discharge, and the Veteran's assertions regarding secondary service connection were not supported by medical evidence.

The Board has remanded the Veteran's claims for increased disability ratings for lumbosacral strain, for the time periods prior to May 19, 2016, and from May 19, 2016, to November 24, 2019.

The Board has determined that the Veteran's lumbar spine disorder did not have its onset during active duty service, is not otherwise related to a service-connected disability, and therefore denied his claim for service connection.

The Board has decided to remand the Veteran's claims for diabetes mellitus type II, lumbar spine spondylosis and degenerative disease, and radiculopathy of the lower extremities due to inadequate opinions regarding service connection.

The Veteran's service-connected disabilities, including PTSD and related conditions, do not meet the criteria for a TDIU as there is insufficient evidence to substantiate that he is unemployable due to these conditions.

The Board has granted an initial rating of 40 percent for the Veteran's low back disability, effective January 5, 2021. The appeal remains in appellate status as the maximum schedular rating had not been assigned for the entire period on appeal.

The Board has denied service connection for dry eye condition and remanded the cases of numbness in lower extremities, a lower back disability, left foot swelling, and right knee condition.

The Board has remanded the case for further development, including obtaining an opinion regarding whether the Veteran has ankylosis of his lumbar spine and conducting a VA examination to assess the severity of his service-connected lumbar spondylosis.

The Veteran's claims for service connection have been reopened, but the Board finds that additional development is needed to determine the current severity of his knee and ankle disabilities.

The Board denied the Veteran's claims for service connection for various conditions, including a lumbar spine disability and cervical spine disability. The reasons given were that there was no clear evidence of an in-service injury or disease leading to these disabilities, and that any current conditions are not related to service.

The Veteran's chronic low back disability, prostate disability, and disability manifested by urinary retention are not service-connected.,Service connection for the Veteran's chronic low back disability, prostate disability, and disability manifested by urinary retention is denied as there is no evidence of in-service injury or disease that led to these conditions.

The Veteran's claims for increased ratings for back disability, neck disability, and hypertension prior to February 25, 2022 are denied.,There is no longer an issue of fact or law before the Board pertaining to whether the Veteran is entitled to a rating in excess of 40 percent for back disability from February 25, 2022. The claims are dismissed.

The Veteran's thoracic and lumbar spine disorder, headaches including migraines with aura, and neurological disorder of the left arm are all found to be secondary to his service-connected right knee strain, DJD (arthritis) of the cervical spine with IVDS, and radiculopathy with CTS of the right upper extremity.,The Veteran's heart disorder is also found to be secondary to his service-connected hypertension.