Back / lumbar spine decisions — 2022

The Board has determined that the VA remand instructions were not substantially complied with, and a new medical opinion is required to address the Veteran's neurological abnormalities possibly related to his thoracolumbar spine condition.

The Veteran's claim for service connection for a back disability has been reopened and granted. The Board found that the evidence is at least evenly balanced as to whether the Veteran's current back disability is related to his military service, thus granting service connection.

The Board denied service connection for a back condition, finding no evidence of an in-service injury or disease related to the current condition.,Service connection was also denied for a joint condition (fibromyalgia), vertigo, sinus condition, headache condition (migraines), and gastrointestinal disability (GERD and hiatal hernia).

The Veteran's gastritis is currently rated at 20 percent, and the Board denied an increased rating.,Prior to December 11, 2019, the Veteran was granted a 30 percent rating for his insomnia. From December 11, 2019 to May 27, 2021, he received a 70 percent rating. After that date, an increased rating is denied.,The low back disability has been rated at 20 percent since the appeal period began and remains unchanged.,The Veteran's right leg radiculopathy was not granted any increase in rating, while left leg radiculopathy received a 10 percent rating.

The Veteran's claims for increased ratings for his service-connected back and neck disabilities have been denied. The Board found that the current evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran withdrew his appeal for the evaluation of PTSD and back disability before a decision was made.

The Board has remanded the cases for an addendum opinion to determine if the Veteran's cervical and lumbar spine disorders are caused or aggravated by his service-connected right or left knee disorders.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as he was attending school and had legal issues preventing employment.

The Veteran's appeals for service connection and a rating increase for PTSD, as well as his claim for TDIU have been dismissed due to the Veteran withdrawing from appeal.

The Veteran's lumbar spine disability is granted as service connected because he began experiencing symptoms during service and they have continued since then.

The Board has remanded the Veteran's claims for an extraschedular rating and TDIU prior to October 31, 2006 due to new guidance from CAVC in Morgan v. Wilkie, 31 Vet App. 162 (2019). The Veteran is asked to provide any outstanding treatment records and undergo a VA examination to address his lumbar spine disability.

The Veteran's lumbar spine disability was evaluated at 20 percent prior to October 4, 2013 and is currently rated as 20 percent disabling. The Board has remanded the issues of entitlement to increased ratings for his low back disability and TDIU.

The Board has granted service connection for hypertension as secondary to the appellant's service-connected thyroid disability. Service connection for a thoracolumbar disability is denied.

The Board has reopened the Veteran's claims for bilateral knee strain, low back pain, and bilateral shoulder disability (claimed as degenerative arthritis), but remanded the claim for tinnitus due to outstanding records. The decision grants service connection for bilateral knee strain.

The Board has found that new evidence has been added to the record and must be considered, including VA examinations for PTSD and VA treatment records. The claim is being remanded so that the AOJ may consider this new evidence prior to a decision.

The Board has denied the Veteran's claim for a compensable rating for dry eye syndrome and remanded his service connection claim for a lumbar spine disorder. The decision summary indicates that the Veteran's dry eye syndrome is currently rated as noncompensable, while his lumbar spine disorder remains unresolved due to inadequate VA examination opinions.

The Veteran's claims for service connection for sleep apnea, and evaluations in excess of the current ratings for his back disorder, neuropathy of the lower extremities, and neuropathy of the upper extremities have all been denied. The Board found that there was no evidence linking the Veteran's current sleep apnea to his military service or a service-connected condition.

The Board denied service connection for a thoracolumbar spine disability, finding that the Veteran's current condition is not related to his military service.

The Board has granted a TDIU on a schedular basis from August 31, 2012. However, the claim for TDIU on an extraschedular basis prior to that date is remanded due to insufficient evidence.

The Board has decided to remand the case due to inadequate examination and further development is required.