Back / lumbar spine decisions — 2022

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's back condition and bilateral lower extremity radiculopathy, due to inadequate previous examinations.

The Board has decided to remand the case due to incomplete medical records and the need for updated VA examinations to assess the Veteran's claimed conditions.

The Board denied service connection for lumbar and cervical spine disabilities due to a lack of evidence linking the current conditions to service, including any in-service injury or disease. The Veteran's assertions of continuity of symptoms since service were not credible given the absence of relevant medical records.

The Veteran's claim for TDIU prior to June 22, 2008 is being remanded as the Board cannot grant an extraschedular TDIU in the first instance and must refer it to VA's Director of Compensation Service for consideration.

The Board has remanded the Veteran's claims for thoracolumbar spine disability and cervical spine disability due to inadequate VA examinations in previous decisions. The cases are now back with the RO for new VA examinations and medical opinions addressing the nature and etiology of the disabilities, including consideration of the Veteran's lay statements.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent from April 14, 2007 to December 18, 2008; in excess of 20 percent from December 19, 2008 to January 5, 2021 (to include since May 14, 2012); and in excess of 40 percent thereafter for a low back disability. The TBI claim is also remanded. Separate ratings are requested for the Veteran's TBI and specified trauma and stressor related disorder. The TDIU claim is also remanded.

The Board has remanded the claims for further development due to a need for an examination addressing whether the Veteran's service-connected depressive disorder contributed to his obesity, which in turn caused or aggravated his OSA, lumbar spine disorder, left thigh meralgia paresthetica, and left knee disorder.

The Veteran's prostate cancer is granted service connection due to presumed exposure to herbicide agents during his service in Thailand. The back condition and right lower extremity radiculopathy are remanded for further development, including obtaining an addendum opinion from a VA examiner.

The Veteran's thoracolumbar degenerative disc disease with lumbar strain is rated at 40 percent, effective from May 1, 2014. The rating for right lower extremity radiculopathy remains denied. The claim for a total disability rating based on individual unemployability was also denied.

The Board has remanded the case due to unclear evidence regarding the Veteran's current low back disability and its etiology. The Veteran is requested to provide additional medical records, and a new addendum opinion from an examiner will be obtained.

The Board has remanded the Veteran's claims for service connection for various lower extremity disabilities, including low back, right leg, left hip, right knee, and left knee disabilities. The issues are related to secondary service connection based on a pre-existing condition that was aggravated by his service-connected left foot and ankle disability.

The Board has remanded the Veteran's claims for bilateral hearing loss and lumbosacral strain due to inadequate examination findings. The Veteran is seeking higher ratings for these conditions, which are currently rated as noncompensable and 20 percent respectively.

The Board has remanded the claims for service connection due to inadequate opinions regarding the nature and etiology of the Veteran's claimed disabilities, including bilateral carpal tunnel syndrome, low back condition, and lower extremity radiculopathy.

The Veteran's initial rating for chronic lumbosacral paraspinal spasms was denied, but a higher rating of 20 percent was granted for lumbar radiculopathy of the left lower extremity since November 15, 2021. The rating for instability of the left knee and limitations on flexion and extension were also granted.

The Board has remanded the Veteran's claims for service connection for upper back, low back, bilateral knee, and right foot conditions due to outstanding treatment records from his employment.

The Veteran's thoracolumbar spine disability is rated at 10% and GERD with hiatal hernia is also rated at 10%. The appeals for left elbow olecranon spurs and allergic rhinitis are denied.,No new evidence or changes in the service-connected conditions were presented, resulting in no change to existing ratings.

The Board has denied service connection for osteoarthritis of the back, right knee osteoarthritis, left knee osteoarthritis, diabetes mellitus type II, and hypertension as they are not shown to be related to military service.

The Board has granted service connection for cervical spine degenerative disc disease and degenerative arthritis, as well as migraine headaches. The evidence is in equipoise regarding whether these conditions originated during active service.

The Board has remanded the Veteran's claims for additional development due to conflicting medical opinions and new evidence submitted by the Veteran.

The Board has decided to remand the cases for further development and examination, as the VA medical opinions provided were inadequate due to their reliance on the lack of post-service treatment records.