Back / lumbar spine decisions — 2022

The Board has remanded the claims for diabetes, back condition, glaucoma, GERD, right shoulder condition, and left femur condition due to insufficient evidence on whether these conditions are related to service. The Veteran is competent to report his symptoms in service.

The Board has ordered the case to be remanded for further development and opinion regarding service connection for low back disorder, posttraumatic headaches and dizziness, and bilateral hearing loss.

The Board has determined that additional development is required for the Veteran's claims of service connection for various disabilities, including back, shoulder, elbow, knee, ankle, and groin conditions. The case is being remanded to schedule VA examinations and obtain pertinent medical records.

The Veteran's lumbar spine osteoarthritis is currently rated at 20 percent, effective September 15, 2015. The Board found that the disability picture more nearly approximated forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, warranting a 20 percent rating. A higher rating is denied for any period prior to September 15, 2015 and after January 28, 2020.

The Veteran's appeal for a higher rating for lumbosacral strain has been dismissed as the Veteran requested withdrawal of her appeal.

The claim for service connection is reopened, but the issues of low back disability, depression, and bilateral foot condition are remanded due to lack of VA treatment records and need for additional examination.

The Veteran's left ankle disability is rated at the maximum available rating of 20 percent, and higher ratings are not warranted.,The Veteran's left foot disability with massive tissue loss, severed heel pad and recurrent dislocated metatarsal joint has a combined rating in excess of 40 percent for disabilities below the knee, precluding any additional rating.

The Veteran's appeal for a rating more than 20 percent for his service-connected back condition and TDIU benefits prior to May 22, 2013 is remanded due to inadequate examination findings. The Veteran needs an in-person or video VA examination to assess the severity of his back condition, including flare-ups if any.

The Board has remanded the Veteran's claims for service connection due to additional development and new medical opinions being required.

The Veteran's claims for service connection are being remanded due to the need for additional records and examinations.

The Board has denied the Veteran's claims for effective dates prior to September 11, 2013, for service connection of his back disability and related lower extremity radiculopathies. The appeal is remanded for further development.

The Veteran's lumbar spine disability was restored to a 20 percent rating effective June 4, 2015.,A higher rating for sensory radiculopathy of the left lower extremity is denied as it does not meet the criteria for a 40 percent rating.,An earlier effective date for the 20 percent rating for sensory radiculopathy of the left lower extremity is denied.,Service connection for sleep apnea remains pending and will be remanded.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board has remanded the claims for diabetes mellitus, diabetic neuropathy, hypertension, and a lumbosacral spine disability due to in-service exposure to an herbicide agent (Agent Orange). The Veteran's service treatment records are unavailable through no fault of his own. Further efforts to obtain these records would be futile. The Board also found that the Veteran was not exposed to Agent Orange during active service, and thus denied service connection for these conditions.

The Veteran's lumbar sprain/strain is granted service connection, while her bilateral knee disability and hearing loss are denied.

The Board has found that the Veteran's obstructive sleep apnea and lumbosacral spine disability are not related to active service. The claims for a psychiatric disability and bilateral knee disability, including as due to a lumbosacral spine disability, are remanded for further development.

Service connection is granted for a right knee disability, but only subject to the laws and regulations governing the payment of monetary benefits.,Service connection is denied for shin splints of both legs (right and left).,Right hip and left hip disabilities are remanded due to insufficient evidence in the current record.,Hand disability (to include a cyst) and back disability are also remanded due to insufficient evidence in the current record.

The Veteran's tinnitus, chronic low back pain and spasm, and service-connected hearing loss have been granted. The character of discharge issue is remanded.,Service connection for a scar of the left third finger, hypertension, skin disability (athlete's foot), and dizziness are also remanded.

The Board has determined that the Veteran's lumbosacral strain began during his active service and is therefore granted service connection.

The Board has remanded the case due to new evidence submitted by the Veteran and a request for initial review of this evidence.