Back / lumbar spine decisions — 2022

The Board has decided to remand the case due to insufficient medical records and inadequate reasons and bases provided in the original decision. The Veteran's claim for service connection for intervertebral disc syndrome (IVDS) is being sent back for further investigation.

The Board has remanded the Veteran's claims for service connection due to inadequate medical examinations and potential incarceration issues.

The Veteran's thoracolumbar spine disability, right shoulder disability, and neck disability are remanded for further examination and opinion. The issues of entitlement to an initial rating in excess of 10 percent for the thoracolumbar spine disability, service connection for a right shoulder disability as secondary to the lumbar spine disability, and service connection for a neck disability as secondary to the lumbar spine disability are also remanded.

The Board has remanded the Veteran's claims for further development due to his failure to authorize VA to obtain private treatment records. The issues include left knee, right knee, left ankle, right ankle, lumbar spine, and right thumb disabilities.

The Board denied the Veteran's claims for service connection for a back disability, tinnitus, and bilateral hearing loss. The evidence did not support a finding that these conditions began during or were otherwise related to his military service.

The Veteran's lumbar spine disability is rated at 20% from July 15, 2011 to August 1, 2018 and at 40% thereafter. Service connection for sacroiliac joint disability as secondary to the service-connected lumbar spine disability is granted.

The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a lumbar spine disability are remanded due to the need for additional medical opinions regarding negligence in his treatment by VA medical professionals.

The Board has decided to remand the cases for further examination and opinion regarding service connection for a lower back condition. The TDIU issue is also being remanded due to its inextricability with the service connection issue.

The Board has granted service connection for sinusitis, allergic rhinitis, pseudofolliculitis barbae, an acquired psychiatric disorder (adjustment disorder, anxiety, and depression), and lumbar spine osteoarthritis. The criteria for direct service connection have been met in all cases.

The Board denied service connection for a right ankle condition, left shoulder condition, and neck condition as there is no persuasive evidence that these conditions began during active service or are otherwise related to in-service injuries.,The VA examiners provided negative opinions regarding the nexus between current diagnoses of right ankle, left shoulder, and neck conditions and the Veteran's active service.

The Veteran's claims for increased ratings for lumbosacral strain and nasal fracture are being remanded due to inadequate examinations. The cases will be returned for further evaluation.

The Veteran's right knee meniscal tear is granted a separate rating, and the claims for increased ratings of his left knee instability and right knee strain with tendonitis are remanded. The thoracolumbar spine degenerative disc disease claim remains on appeal.

The Veteran's appeal for an earlier effective date for the grant of service connection for coronary artery disease was denied. The claim was granted on a presumptive basis under the Agent Orange Act of 1991, but the Board found that no earlier effective date could be assigned as there is no evidence showing the Veteran filed a claim within one year of his separation from active service in October 1967 or before May 3, 1989. The appeal for other conditions was also denied.

The Board has decided to remand the case due to a need for an addendum opinion that considers all pertinent evidence, including lay statements. The Veteran's service connection claim for lumbar strain is being reviewed.

The Board denied a rating in excess of 40 percent for lumbar strain prior to May 23, 2012, finding that the evidence did not show unfavorable ankylosis or its functional equivalent.

The Board has granted a 40 percent rating for right and left lower extremity radiculopathy of the sciatic nerve. The case is remanded to determine if a higher rating is warranted for degenerative arthritis of the lumbar spine.

The Board has remanded the claim for increased rating for IVDS with lumbar degenerative arthritis due to incomplete records and lack of compliance with previous remand directives.

The Veteran's appeal of his initial rating for service-connected lumbar spine disability was dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's right ankle condition was granted an initial rating of 10 percent, but no higher. The Board found the evidence did not support a higher rating based on marked limitation of motion. Service connection for his right shoulder, cervical spine, and lumbar spine conditions were remanded due to insufficient medical opinions.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of a chronic condition present within one year after separation from service and concluding that the current low back disability is not causally related to his military service.