Back / lumbar spine decisions — 2022

The Board has determined that the Veteran's PTSD rating should be restored from 70 percent to 50 percent, effective February 1, 2019. The issues of service connection for lumbar spine degenerative disc disease and headaches are remanded due to insufficient evidence.

The Board has determined that the VA examinations provided were insufficient to address the Veteran's claims for compensation under 38 U.S.C. § 1151 due to incomplete consideration of her subjective statements and medical records, as well as failure to consider whether there was negligence or lack of duty of care by a reasonable healthcare provider.

The Veteran's DDD with IVDS was rated at 40 percent prior to May 1, 2015 and from November 1, 2015 to May 26, 2018. From May 26, 2018, the rating is denied. The Veteran's radiculopathy of both lower extremities was rated at 20 percent each. TDIU prior to February 17, 2017, was also denied.

The Board denied service connection for a low back disability, finding no evidence of chronic symptoms in service or within one year post-service and noting that the Veteran's current condition is not related to his military service.

The Board has reopened the claim for service connection for a low back disability and remanded both issues. The COPD issue is also remanded due to inadequate medical opinion.

The Board has remanded the case for further examination and opinion regarding service connection for a low back disorder. The claim of service connection for bilateral hearing loss remains denied.

The Veteran's claims for service connection were denied as new and material evidence was not submitted to support his right knee disability claim. His bilateral hearing loss and acquired psychiatric disorder (PTSD) claims were also denied due to lack of a medical link between the conditions and service, while his lumbar spine condition claim was denied without sufficient evidence.

The Veteran's claims for PTSD, depressive disorder, right and left knee disabilities, ischemic heart disease with atrial fibrillation, tension headaches, bilateral hearing loss, hemorrhoids, chronic prostatitis, back disability, right hip disability, and left hip disability have been granted. The Veteran's claim for increased ratings for these conditions is remanded.

The Board has remanded the claims for service connection due to new evidence being added to the record since the last decision in 2017. The AOJ is instructed to consider this new evidence and issue a Supplemental Statement of the Case (SSOC).

The Board has remanded the cases for further development and examination, including a VA examination to determine the nature and etiology of the Veteran's bilateral upper and lower extremity peripheral neuropathy. The effective date claim is denied as there is no evidence in the claims file showing that the Veteran filed an unadjudicated petition to reopen before August 24, 2010.

The Board has remanded the Veteran's claims for service connection due to incomplete VA treatment records and outstanding STRs. The issues of whether the July 1988 rating decision denying service connection for contusion, left hip, right foot disabilities, left foot disabilities, a fungal infection of the feet, and December 1988 rating decision denying service connection for a back disability may be revised on the basis of clear and unmistakable error (CUE) are also remanded.

The Veteran's service-connected disabilities did not meet the percentage requirements for a schedular TDIU rating prior to November 5, 2019. The Board found that the evidence is persuasively against a finding that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right and left knee, hip, back, and psychiatric conditions. The cases are being returned to VA for further examination and opinion regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for service connection due to issues with the medical opinions provided and the need for further development of the record.

The Board has dismissed the Veteran's appeals regarding his right shoulder condition and lumbosacral strain, as he withdrew his appeal in writing.

The Board has remanded the case due to insufficient response from the VA examiner regarding whether the Veteran's current cervical spine disability is related to her service-connected lumbar disc disease and if it was caused or aggravated by the service-connected condition.

The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability. The claims of service connection for right and left shoulder disabilities are remanded.

The Veteran's claims for service connection for back and neck disorders have been denied due to lack of evidence linking the conditions to his military service.,Service connection for a pituitary adenoma has also been denied, as there is no medical evidence connecting it to his time in service.

The Veteran's claim for an initial rating in excess of 10 percent for chronic lumbar strain with spondylosis is remanded due to inadequate examination and the need for a retrospective opinion regarding functional loss during flare-ups.

The Board has granted service connection for the Veteran's cervical and lumbar spine disabilities, finding that these conditions had their onset during service.