Back / lumbar spine decisions — 2022

The Board has remanded the claims for cardiovascular disability, cataracts, prostate gland hypertrophy, and lumbar spine disability due to a lack of substantial compliance with previous remand directives. The case is now pending again.

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected lumbosacral strain with degenerative disc disease and intervertebral disc syndrome, lumbar radiculopathy (sciatic nerve) of the right lower extremity, and lumbar radiculopathy (sciatic nerve) of the left lower extremity due to the need for an addendum opinion regarding the severity, frequency, and duration of any flare-ups and after repeated use over time.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and the need to obtain additional medical records. The issues include lumbar spine, cervical spine, chest keloid, right leg keloid, left foot disorder, and bilateral pes planus.

The Veteran's initial increased rating for thoracolumbar strain is denied. The appeal as to entitlement to a TDIU from June 20, 2019 is dismissed as moot.

The Board has remanded the case for additional development, including securing adequate medical opinions and obtaining relevant private treatment records.

The Board has decided that the Veteran's claim for service connection of a recurrent lumbar spine disability should be remanded due to missing SSA records.

The Veteran's service-connected disabilities did not render him bedridden or in need of regular aid and attendance, thus his claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person was denied.

The Veteran's ED is granted as secondary to his service-connected PTSD with MDD. The remaining claims for increased ratings and service connection are dismissed due to withdrawal.

The Board has reopened the Veteran's claims for service connection for various disabilities, but has remanded them for further development and examination.

The Board has remanded the cases for further development due to insufficient evidence regarding the nature and etiology of the Veteran's left knee and back disabilities, as well as his Chron's disease.

The Board has remanded the case due to insufficient medical opinions regarding service connection for a lower back condition, including whether it is related to an in-service fall and whether it began during service.

The Veteran's claim for service connection for a back disability is denied as there is no evidence of an in-service injury or disease that caused the current condition.,The Veteran's claim for a compensable rating for shin splints affecting both lower extremities prior to February 7, 2021 is also denied due to lack of evidence showing nonunion or malunion of the tibia or fibula with knee or ankle disability.

The Board found that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, despite his reported symptoms and educational background.

The Board has decided to remand the claims for service connection for left knee and low back disabilities, as secondary to a service-connected right knee disability due to inadequate opinions in previous VA examinations.

The Board has remanded the service connection claims for a back condition and a neck condition due to insufficient medical opinions provided in previous decisions.

The Board has dismissed the Veteran's appeal for service connection for COPD due to a grant of service connection in November 2021. The remaining issues on appeal are remanded.

The Veteran's service connection claims for headache, acquired psychiatric disability, sleep disability (including sleep apnea and insomnia), and lumbar spine disability are all granted. The Board found that the Veteran has a current headache disability related to his active duty service in the U.S. Air Force, an acquired psychiatric disability likely due to service-connected TBI residuals, and a lumbar spine disability possibly related to a personal assault sustained during service. Service connection is granted for these conditions.

The Board dismissed all the issues in this appeal due to the appellant's withdrawal of the appeal prior to the decision being made.

The Board has remanded the case due to deficiencies in the discussion of past severity and functional effects of the Veteran's back disability, as well as the need for a retrospective medical opinion assessing the neurological impairment associated with her back disability. The TDIU claim also requires additional examination.

The Veteran's appeals for service connection on all issues except GERD have been withdrawn. The appeal for GERD has been dismissed as it was fully granted in a previous decision.