Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment prior to March 13, 2017. After that date, his combined rating was 70 percent and he is no longer unemployable due to the presence of a 100 percent disability rating for prostate cancer.

The Board has remanded the case due to conflicting medical opinions and a need for additional evidence, including records of private care and in-service hospitalizations. The Veteran's low back disability is being evaluated again to determine if it is related to service or another service-connected condition.

The Board denied the Veteran's claims of service connection for left thigh injury and low back condition, finding no current disability related to service.

The Board denied the Veteran's requests for earlier effective dates for service connection and initial ratings for cervical spine degenerative disc disease, lumbar spine with disc herniation at L4-5 and L5-S1, right upper extremity radiculopathy, and right lower extremity radiculopathy.

The Board has remanded the issue of service connection for a low back disability due to incomplete medical records and an insufficient opinion from the VA examiner. The Veteran's claims will be further developed, including obtaining additional treatment records and arranging for a new examination.

The Board has dismissed the issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea. The issue of entitlement to service connection for degenerative arthritis of the lumbar spine is remanded.

The Veteran's lumbosacral strain has been rated at 40 percent since September 23, 2016. The Board has found that the current severity of his condition does not warrant a higher rating as it only allows for flexion up to 30 degrees.

The Board has decided to remand the case due to inadequate opinions provided in a previous VA addendum opinion. The Veteran's lower back disorder needs further evaluation and an addendum opinion must be obtained.

The Board has determined that the VA examinations in the record are inadequate for rating purposes and remanded the claims for additional development, including obtaining all outstanding records of VA and private evaluation and/or treatment. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and functional limitations associated with his lumbar radiculopathy disability.

The Veteran's right hip condition and acquired psychiatric disorder (schizophrenia) are granted service connection. The low back and left knee conditions, which are secondary to the bilateral hip conditions, remain in dispute.,A remand is ordered for further development of the low back and left knee issues.

The Veteran's appeal is remanded for additional development regarding his service-connected degenerative disc disease of the lumbar spine and radiculopathy of the lower extremities, as well as his claim for a total disability rating based upon individual unemployability due to service-connected disabilities.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for new VA examinations and additional records.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to make a determination on these issues.

The Veteran's appeals for a compensable rating for sebaceous cyst in the lumbar area and reopening of his claim for recurrent back pain have been dismissed due to the Veteran's withdrawal of these issues.

The Board has remanded the case due to incomplete VA treatment records from 1992 and 1993 at the Wallla Valley VA medical center. The AOJ needs to secure these records or provide a memorandum documenting their efforts.

The Board has denied an earlier effective date for a 40 percent rating for lumbar spine degenerative disc disease with IVDS and has remanded the issue of entitlement to a separate rating for headaches due to cervical strain.

The Veteran's case is being remanded for the AOJ to review new evidence and issue a Supplemental Statement of the Case (SSOC) if benefits are not granted.

The Veteran's claims for increased ratings are remanded due to the need for additional VA examinations and consideration of new evidence.

The Board has remanded the Veteran's claims due to insufficient evidence regarding his service-connected conditions and their impact on his disability ratings. The claims are being returned for further development, including obtaining additional medical opinions.

The Veteran's claims for higher ratings for his service-connected back condition, bilateral lower extremity radiculopathy, and bladder condition are being remanded due to the need for additional examinations and opinions.,Specifically, a retrospective opinion regarding the severity of the Veteran's back condition from February 2013 to current is needed. An addendum opinion regarding the symptomatology associated with his bilateral lower extremity radiculopathy is also required.