Back / lumbar spine decisions — 2022

The Veteran's claims for increased ratings for chronic thoracolumbar strain and PTSD have been denied as the evidence does not support a higher rating.

The Veteran's appeal has been dismissed as the attorney withdrew all remaining issues in the pending appeal.

The Board has granted service connection for the Veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine, finding that it had its onset in service and resolving reasonable doubt in favor of the Veteran.

The Veteran's TDIU claim is granted, and his low back disability and left lower extremity neuritis claims are remanded for further development.

The Veteran's lumbar spine disability was granted a 40% rating from December 10, 2019. His right and left lower extremity radiculopathy were also granted ratings of 10%. The Veteran's lumbar spine surgical scar did not meet the criteria for a compensable rating.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of any in-service injury or disease related to the condition and that the current disability did not manifest within one year of separation from service.

The Veteran's lumbosacral spine disability is currently rated at 40 percent from January 25, 2010. The Board denied a higher rating for this condition.

The Board has determined that the VA medical opinions provided in response to prior remands were not substantially compliant with the directives. Therefore, the cases are being returned for further development and consideration.

The Board has remanded the claims for PTSD with alcohol abuse disorder, atypical headaches with migraine features, and lumbar strain due to incomplete records from various sources. The TDIU claim is also being remanded.

The Veteran's claims for service connection for headaches, obstructive sleep apnea (OSA), an acquired psychiatric disability including PTSD, and degenerative arthritis of the thoracolumbar spine are denied as there is no persuasive evidence that these conditions began during or are otherwise related to his military service.,The Veteran's claim for service connection for a nerve disability remains pending and will be remanded for further development.

The Veteran's current lumbar spine disability is service-connected, with the Board finding that her in-service back pain and ongoing symptoms are related to her active duty.,For right hip and left hip disabilities, the evidence is at least in equipoise as to whether they had their onset during her active service. The Veteran reported persistent hip pain since service, which post-service providers characterized as 'chronic.'

The Board has dismissed the appeal regarding whether new and material evidence was received to reopen the claim of bilateral hearing loss. The issue of whether new and material evidence was received to reopen the claim for a low back condition is remanded.

The Board denied a rating in excess of 40 percent for the Veteran's lumbar spine disability, finding that her symptoms did not meet the criteria for ankylosis or incapacitating episodes as required for higher ratings.

The petition to reopen the claim of service connection for a back disability was granted due to new and material evidence. However, the underlying claim itself remains denied as there is no credible evidence linking the current condition to service.

The Board has found that the case needs to be returned for further review due to new evidence submitted after the initial decision. The Veteran's claims for increased disability rating and service connection are being remanded.

The Veteran's appeal for a higher rating for low back strain and TDIU was denied. The Board found that the evidence did not support an increased rating for her low back disability, as she had not demonstrated ankylosis or IVDS with incapacitating episodes. For TDIU, the Veteran met the schedular criteria but failed to show that she is precluded from substantially gainful employment due to service-connected disabilities.

The Board has determined that the evidence does not support a finding of service connection for residuals of pneumonia, bilateral flat feet (pes planus), low back disorder, right and left knee disorders, acquired psychiatric disorder (PTSD), sleep apnea, residuals of traumatic brain injury (TBI), or headaches. The Veteran's claims are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the relationship between the appellant's in-service scoliosis and his current thoracolumbar, cervical spine, and bilateral carpal tunnel syndrome disabilities. The VA is directed to obtain Social Security Administration records and schedule the appellant for a VA examination.

The Board has remanded the claims for service connection of right hip, lumbar spine, and thoracic spine disorders due to incomplete verification of periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). Further development is needed to determine the nature and etiology of these conditions.

The Board has decided to remand the case due to inadequate opinion regarding the etiology of the Veteran's upper back disability. The Veteran needs a new VA examination to determine if his current upper back disability is related to service.