Back / lumbar spine decisions — 2022

The Veteran's claim for service connection for a back disability is being remanded due to the need for an adequate etiology opinion. The Board finds that the previous VA examination was inadequate and based on an inaccurate history.

The Board has found that the VA did not substantially comply with previous remand directives and has ordered another remand to obtain an independent medical expert opinion.

The Board has remanded the case due to inadequate VA examination and missing treatment records. The Veteran needs a new VA examination for left leg neurological conditions, including lumbar radiculopathy.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and bilateral foot disorders due to lack of substantial compliance with previous remand directives. The VA must obtain updated treatment records and provide supplemental opinions from an examiner.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's lumbar spine disability and its relationship to his service. The case will be returned for further development, including a VA examination.

The Board has remanded the Veteran's claims for service connection due to his exposure to herbicide agents in service. The issues include bilateral glaucoma, back disability, peripheral neuropathy of the lower and upper extremities, hypertension, and a stroke.

The Veteran's appeal to reopen service connection for a back disability is granted, and service connection for the same is also granted. A 70 percent rating for service-connected acquired psychiatric disability is granted from November 16, 2017.

The Veteran's initial rating for lumbar spine degenerative disc disease was granted at a 40 percent level, effective February 1, 2012. The ratings for right and left knee disorders remain unchanged.

The Board has granted the reopening of claims for service connection for a back disability and hypertension, and has also granted service connection for a back disability. The claim for service connection for a hip disability is remanded.

The Board has remanded the claims for service connection and increased rating for low back disability and cervical spine disabilities due to inadequate medical opinions in previous examinations. The Veteran's lay testimony about his in-service injury is considered, and a new examination is required to assess the severity of his current disabilities.

The Veteran's right knee disability was granted a 60% rating effective August 1, 2020.,For the period prior to June 4, 2019, his right knee disability was rated at 10%. The low back disability has been rated at 40% since November 9, 2011.

The Board denied the Veteran's claim for SMC based on the need for regular aid and attendance or at the housebound rate due to his employment, which precludes him from meeting the criteria for this benefit.

The Veteran's service-connected migraine was granted a rating of 50 percent, but the appeal for an increased rating and TDIU based on this condition is denied. The Veteran also received a grant of TDIU based on his service-connected conditions, with the exception that it must be remanded to determine if he qualifies for extraschedular TDIU.

The Veteran's claims for increased ratings and SMC are being remanded due to procedural issues, inadequate attempts to obtain medical records from UNM Hospital, and the need for additional VA examinations. The TDIU claim is also being considered as part of the increased rating claims.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding whether his pre-existing bilateral pes cavus and lumbosacral strain disabilities were aggravated by active duty. The Veteran testified that he did not have foot or back problems prior to service, but experienced worsening of these conditions during service.

The Board has decided that the Veteran's right knee and low back disabilities are not service-connected due to a lack of adequate medical opinions addressing secondary service connection. The case is being sent back for further development.

The Board has remanded the claims for further development due to inadequate medical opinions regarding the etiology of the Veteran's lumbar spine and bilateral knee disabilities. The claims are being returned to the agency of original jurisdiction (AOJ) for additional development.

The Board has determined that the VA medical opinion is inadequate and remands the case for a new examination to determine if the Veteran's low back disability, including DDD and DJD, is related to service or presumed exposure to herbicide agents.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since August 13, 2012. The Board has granted a TDIU on an extraschedular basis from that date.

The Veteran's claim for an increased disability evaluation for IVDS, to include facet arthropathy and arthritis of the thoracolumbar spine with disc degeneration, was denied. The rating assigned is 20 percent disabling.