Back / lumbar spine decisions — 2022

The Veteran's service-connected conditions have been remanded for further development and rating consideration.

The Veteran's service-connected chronic lumbosacral strain has not been productive of forward flexion of the thoracolumbar spine to 30 degrees or less, which is required for a higher rating under VA regulations. The evidence does not support an increase in his disability rating beyond 20 percent.

The Board has remanded the Veteran's claims for additional development due to outstanding medical records and uncompleted VA examinations.

The Veteran's service connection for bilateral hearing loss is granted. The initial rating in excess of 30 percent for bilateral pes planus prior to January 25, 2021 is denied. An increased disability rating of 50 percent for bilateral pes planus effective January 25, 2021 is granted. Service connection for a back condition and a bilateral knee condition are remanded.

The Veteran was granted a TDIU on an extraschedular basis from January 9, 2017, through March 13, 2017. The criteria for entitlement to a TDIU were met due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has determined that new evidence was submitted after the most recent Supplemental Statement of the Case (SSOC) and requests have been made for its consideration. The case is being remanded to allow for this additional review.

The Board has remanded the Veteran's claims for bilateral hearing loss, lumbar spine disability, and right-hand disability due to new evidence indicating worsening of his conditions. The TDIU claim is also remanded as it is inextricably intertwined with the rating issues.

The Veteran's claims for service connection are remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for a back disorder secondary to bilateral pes planus is also remanded as there is insufficient evidence regarding the nature and progression of his foot condition during service.,The Veteran's claim for bilateral hearing loss is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for asbestosis is also remanded as there are outstanding VA treatment records that may be relevant to his case.,The Veteran's claim for sleep apnea is also remanded as there are outstanding VA treatment records that may be relevant to his case.,The Veteran's claim for a heart disorder is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for hypertension is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for diabetes mellitus is also remanded due to the need for additional development of his medical records and examination.,The Veteran's claim for stress fractures is also remanded as there are outstanding VA treatment records that may be relevant to his case.

The Board has determined that additional development is needed to obtain the Veteran's complete service treatment records and personnel records, as well as his VA treatment records from Las Vegas. The claims for service connection are being remanded.

The Veteran's petition to reopen claims for service connection of a lumbar spine disability, an acquired psychiatric disability, and bilateral foot disability is granted. Service connection for diabetes mellitus remains denied.

The Veteran's claim for a higher disability rating for his service-connected lumbar spine condition was denied by the Board, and he is currently rated at 20 percent.

The Board has decided to remand the case due to incomplete records and an inadequate VA examination. The Veteran's low back disability is being reviewed again for a proper determination of service connection.

The Board has remanded the claims for service connection for various shoulder and spine disabilities, as well as a knee disability, due to inadequate medical opinions regarding secondary causation. The VA is instructed to obtain new addendum opinions from an appropriate examiner.

The Veteran's ratings for lumbar spine disability and bilateral plantar fasciitis have been denied. The TDIU issue has been remanded.

The Board has decided to remand the Veteran's claims for service connection for low back, right hip, and left hip conditions due to incomplete medical records and inadequate VA opinions. The case will be returned for further development.

The Veteran's lumbar spine disability is rated at 40 percent since January 4, 2022. The Board has remanded the issues of service connection for cervical spine and radiculopathy disabilities due to the complexity of the claims.

The Veteran's appeal for a heart disability was withdrawn and dismissed.,New evidence has been submitted to reopen claims of service connection for COPD, lung cancer, back disability, bilateral hearing loss, arthritis (psoriatic arthritis), left knee disability, and right knee disability. These claims are remanded for further development.,The Veteran's appeal for a heart disability was dismissed due to withdrawal by the appellant.

The Veteran's cervical spine, low back, right knee, left knee, and right shoulder disabilities are being remanded for further development.,New evidence has been submitted to reopen claims for service connection of these conditions.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back disability is related to his service, specifically his in-service complaints of back pain and training activities.

The Veteran's asthma was caused by his exposure to particulate matter while serving in Southwest Asia during the Persian Gulf War. Service connection for asthma is granted on a presumptive basis.