Back / lumbar spine decisions — 2022

The Board has remanded several issues related to the Veteran's claims for service connection, including skin disabilities, lumbosacral spine disability, shoulder and wrist disabilities, and obstructive sleep apnea. The reasons for remand include the need for further medical examinations and evaluations.

The Board has dismissed appeals seeking increased ratings for right lower extremity sciatic neuropathy with degenerative disc disease and residuals of a gunshot wound to the left foot.

The Veteran's claims for service connection for various conditions, including undiagnosed illness or medically unexplained chronic multisymptom illness (claimed as 'Gulf War Syndrome'), TMJ, thoracolumbar spine disability, bilateral knee and hip disabilities, bilateral foot disabilities, lung disability, stomach disability, psychiatric disability, and erectile dysfunction have been denied. The claims are not supported by the evidence of record.

The Veteran's appeal is remanded due to the need for a VA examination to determine the nature and etiology of his claimed back, neck, foot, and eye conditions. The service connection claims are decided on the merits.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as it is unclear whether the Veteran has submitted a completed VA Form 21-8940 and/or VA Form 21-4192. The Veteran's TDIU application status needs to be clarified.

The Board has remanded the claims for service connection for left knee, right knee, and low back disabilities due to deficiencies in the VA examinations. The Veteran's TDIU claim prior to November 2, 2021 is deferred as it may be impacted by the adjudication of the other claims.

The Veteran's claims for increased ratings for degenerative arthritis of the spine and invertebral disc syndrome, as well as right lower extremity radiculopathy, were denied. The Board found that there was no evidence to support a finding of unfavorable ankylosis or severe incomplete paralysis, which are necessary for higher ratings.

The Board has denied DIC benefits under 38 U.S.C. § 1318 due to the Veteran not meeting the criteria for total disability rating for at least ten years prior to his death. The cause of death is remanded as there is insufficient evidence regarding whether the Veteran's service-connected conditions contributed to his death or were otherwise related to his military service.

The Veteran's appeals for increased ratings on his service-connected left knee arthritis, degenerative disc disease C5/C6, and status post spinal fusion at L4/L5 have been dismissed as the Veteran withdrew all remaining issues associated with the appeal.

The Veteran's back disability is rated at 40 percent since February 26, 2018. He also received separate ratings for his left and right femoral nerve radiculopathy.

The Board has remanded the case due to incomplete examination opinions and the need for additional VA examinations.

The Board denied service connection for Obstructive Sleep Apnea, Degenerative Arthritis of Lumbar Spine, and a Pelvic Disability. The decision found that the Veteran's current sleep disorder did not have its onset during active duty or was otherwise related to service.,Service connection was also denied for the Veteran’s lumbar spine disability as it did not manifest within one year following service discharge and was not caused by his service-connected Dercum's disease.

The Veteran's anxiety disorder is rated at 100 percent disabling from March 1, 2012. The Board granted a higher rating for his service-connected anxiety disorder and dismissed the TDIU claim as moot due to the grant of a 100 percent rating.

The Board has decided to remand the issue of service connection for a lumbar spine disability due to insufficient reasoning and lack of medical opinion supporting the denial.

The Board has decided to remand the case due to insufficient evidence in the record, and another medical opinion is needed to determine if the Veteran's low back disability is related to his service.

The Board has remanded the claims for a lumbar spine disability, left knee disability, and right knee disability due to insufficient examination reports that do not consider the Veteran's reported flare-ups of his back and knees. The examinations must include information on the frequency, duration, characteristics, severity, and functional loss during flare-ups.

The Board denied service connection for lower back, right knee, left knee, and left little finger disabilities as there was no evidence linking these conditions to the Veteran's active military service.

The Board has remanded the claims for cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and bilateral sciatica due to insufficient medical opinions in previous examinations.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the Veteran's asthma. Service connection is denied for a back disability and radiculopathy of the lower extremities.

The Veteran's claim for higher ratings for thoracolumbar spine strain with degenerative disc disease (DDD) was denied. The initial rating of 20 percent prior to May 16, 2013, and the subsequent increase to 40 percent from May 16, 2013, to May 9, 2016, were both upheld. However, a higher rating was denied for the period after May 10, 2016.