Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities have rendered him unable to obtain or maintain a substantially gainful occupation consistent with his education, training, and experience.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's cervical and lumbar spine disabilities. The VA examiners were asked to address whether these disabilities are related to service, but did not provide sufficient rationale for their conclusions.

The Board has remanded the case for further examination and evaluation, as the current VA examinations do not comply with legal requirements. The Veteran's claims for service connection for sleep apnea, cervical spine strain, and thoracolumbar spine strain are being reviewed.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from November 18, 2014 to October 31, 2016. Effective from this date, the Veteran was awarded a TDIU and DEA benefits.

The Board has decided that the Veteran's thoracolumbar spine condition, including history of acute lumbar strain, is not service-connected and has ordered a remand to obtain private medical records from Dr. Danzy.

The Board denied earlier effective dates for the grant of increased ratings for peripheral neuropathy and degenerative joint disease with lumbar disc herniation, finding that no increase in disability occurred within one year prior to the claims.,The Veteran's claim for a temporary total convalescent rating following left knee replacement was also denied.

The Veteran's lumbar spine degenerative disc disease is granted a 40% evaluation on an extraschedular basis, and his right hip bursitis limitation of flexion prior to May 15, 2020 is denied. A separate 20% disability evaluation for right hip abduction limitation is granted effective November 6, 2019.

The Board has remanded three issues related to the Veteran's lumbar spine disability and left lower extremity radiculopathy. The ratings for these conditions remain unchanged, but their effective dates are being reconsidered.

The Board denied the Veteran's claims for service connection for degenerative disc disease L4-L5, with spinal stenosis and entitlement to a TDIU. The Board found that there was no evidence of an in-service injury or event related to the low back disability, and that the current condition is not directly related to service.

The Veteran's lumbar spine DDD is remanded due to inadequate VA opinions and the need for additional treatment records.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine was reopened and granted. The Board found that there is sufficient evidence to establish continuity of symptoms from service, including back pain during active duty.

The Veteran's claims for service connection have been dismissed due to their death.

The Board denied the Veteran's claims for compensation under 38 U.S.C. §1151 for back disability, LLE peripheral neuropathy, and RLE peripheral neuropathy due to a slip and fall at a VA facility in October 2004. The Board found that there was no additional disability or death resulting from the incident, and that any preexisting conditions were not aggravated by the incident.

The Board has remanded the case due to issues related to sleep apnea, including its relationship to service-connected conditions and a possible nasal fracture. Additional evidence is needed for proper evaluation.

The Board has remanded the Veteran's claims for further development and readjudication due to errors in previous decisions.

The Board denied service connection for skin cancer, but granted service connection for a back disability. The skin cancer claim was denied because there is no evidence of a current diagnosis during the appeal period. The back disability claim was granted based on credible lay statements and medical opinions indicating it was related to service.

The Board has remanded the Veteran's claims for increased disability evaluations due to inadequate VA examinations and missing medical records.

The Board has granted service connection for a low back disability, but the issues of earlier effective dates for PTSD and TDIU are remanded. The Veteran's OSA and radiculopathy claims are also remanded.

The Veteran's lumbar spine disability and lower extremity radiculopathy were not found to warrant a higher rating, while service connection for anemia, erectile dysfunction, and hip disabilities was remanded.

The Veteran's claim for a higher evaluation of her cervical spine disability is remanded due to the need for a new VA examination to account for flare-ups and lay statements.